TE 324 
. K2 
1915a 
Copy 1 


KANSAS 

ROAD AND BRIDGE LAWS 


AUTOMOBILE LAW; BRIDGE CONSTRUCTION, REPAIR, RECONSTRUCTION 
AND RELOCATION; LAYING OUT, MAINTAINING AND IMPROVING 
PUBLIC HIGHWAYS; DUTIES OF COUNTY COMMISSIONERS, 
HIGHWAY ENGINEERS AND BOARDS OF HIGHWAY 
COMMISSIONERS IN TOWNSHIPS; • 

MARKING HIGHWAYS. 


COMPILED BY 

J. T. BOTKIN, 

SECRETARY OF STATE, 


1915 























KANSAS 


ROAD AND BRIDGE LAWS 


AUTOMOBILE LAW; BRIDGE CONSTRUCTION, REPAIR, RECONSTRUCTION 
AND RELOCATION; LAYING OUT, MAINTAINING AND IMPROVING 
PUBLIC HIGHWAYS; DUTIES OF COUNTY COMMISSIONERS, 
HIGHWAY ENGINEERS AND BOARDS OF HIGHWAY 
COMMISSIONERS IN TOWNSHIPS; 

MARKING HIGHWAYS. 


COMPILED BY 

J. T. BOTKIN, 

SECRETARY OF STATE, 

1915 



> * 


KANSAS STATE PRINTING PLANT. 
W. R. Smith, State Printer. 
TOPEKA. 1915. 

6-867 






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INDEX. 


Advertisement, letting of bridge contracts ... 

Appeals of property owners, opening road . 

Application, marking highway .: . 

viewing roads . . . 

Apportionment, cost of road improvement. 

bridges. ... 

Assessment for road improvement . 

Automobiles: 

application of act . 

certificate of registration . 

change of ownership . . . 

cities regulate motor vehicles .'. 

classification, motor vehicles . . 

county treasurer collect fees .*.. 

dealer’s registration .. 

definitions .. . 

drugs, use of, by auto driver ;. 

equipment, motor vehicles .. 

fees, payment to county . . 

registration . 

highways defiried ... 

intoxicated person driving . . 

license required . . 

lights to be displayed^ . . 

motor vehicles defined . 

nonresident’s license ... 

number plates .. . 

registration . . 

road rules . *.. 

secretary of state issue license . 

speed regulation . . 

terms defined .. 

violation of act .. . . . . 

Avenues and streets, unincorporated towns . 

Bids, bridge construction . 

Billboards near road crossings . : . 

Board of commissioners of highways in townships (see 

commissioners) . 

Bond, bridge contractor . 

petition for roads . 

prisoner, work on roads . 

Bonds, cities, for bridge construction . 

interest on .. 


Paragraph. 

. 19, 35 
.... 62 
.... 133 
V. .. 57 

..... 115 
.... 115 
.... 117 

_ 1 

.* 3 

.... 2 

. 12 

. 4 

, . . . , 2 

. 4 

. 1 

. 13 

. 9 

. 3 

. ,. . . 2 

. 1 

. . . . . 13 

. 2 

. 9 

. 1 

. 11 

. 5 

. 2 

. 8 

. 2 


. 1 

. 10 

. 69 

.‘ 20, 46 

. 168 

Highway 

. 74 

. 20, 37 

. 57 

. 150 

. 53 

. 54 











































4 


Index. 


Bonds, cities, for bridge construction— continued. ' Paragraph. 

reconstruction of bridges. 4 < 

registration of . 4 7 

road improvement. 1'13 

Bridges: 

advertisement for bids . 19, 35 

appropriation for, by commissioner . 17 

bids, building... 20 

reconstruction . 40 

bonds, completing ... 37 

contractor’s.. 20 

bonds, construction, cities . . . 53 

reconstruction. 47 

certain counties, commissioners determine what bridges built ... 31 

cities issue bonds.. 53 

cities, second class, construction .. 52 

repair of . 52 

closed to travel . 41 

commissioners of, compensation. 25 

concrete construction given preference . 50 

load limit .. 50, 51 

connecting two counties, superintendent. 39 

contract, reconstruction . 46, 48 

contractor, shall not be superintendent. 40 

convicts, working on, prohibited. 146 

corporations obstructing . v . 55 

costing over $5000 . 26 

county commissioners determine what bridges built. 15 

county-line bridge . 23 

dams used . 186 

defective, damages. 29 

ditches, shall be bridged. 97 

drainage district, certain counties..•. 45 

election, building, certain cases. 44 

how held . 28 

engines crossing, shall plank. 100 

estimate of cost, how made. 17 

expenses proportioned, certain counties. 31 

guard rails . . . -. 30 

impaired or obstructed, trustee repair. 90 

improved road, county pay for. 120 

letting contract . gg 

limit increased, concrete construction.,. 51 

live-stock crossing . 103 

load limit, concrete bridge. 50 ? 51 

minimum cost, built by county. 18 

navigable rivers, regulations for construction. 55 

neglect of officers. 43 

notice “five dollars fine”. 99 
















































Index. 


5 


Bridges— continued. Paragraph. 

payment, county bridges. 21 

plan and estimate.. 17, 32 

plans and specifications, where kept. 35 

planking, traction engines crossing. 100 

reconstruction, certain counties. 45 

relocation, certain counties. 49 

repairing . 22, 38 

road overseer inspect. 41 

superintendent, appointed . 33 

contractor may not act. 40 

compensation of .. 42 

taxation for . 26 

cities .. 54 

two or more, separate vote taken.•. 27 

Certificate, marking highways.. 135 

road view .. 61 

Cities, constituted road district. 70, 126 

contract for bridge work. 48 

poll tax, exemptions. 91 

regulate use of motor vehicles.'. 12 

roads on line of... . 64 

second- class, bridge building and repairing. 52 

Commissioners, board of, townships (see Highway commissioners) . . 74 

Compensation, commissioner of bridges. 25 

county engineer . 84 

dragging roads . 86 

highway commissioners, townships. 80 

laying out roads.. 65 

Concrete construction of bridges. 50 

Contractor, may not be bridge superintendent. 40 

Contracts, bridge work by county commissioners. 48 

letting of, townships. 78 

road improvement .*. 113 

road work . % . 140 

Convict labor on roads. 142, 143, 144 

Corner stone, protection of. 157 

Corporations, bridges, obstructing. 55 

contract for bridge work. 48 

use of bridge, certain counties. 49 

joint use of bridges. 48 

poles along highways. 166 

weeds, destruction of. 193 

Counties, bridges in cities, division of cost. 52 

contract for bridge work. 48 

County attorney, bond of prisoner, collect on. 151 

prosecute violations of road law.. . 125 

weeds, destruction of, liable on bond. 201 

County bridges, payment for. 15 

















































6 


Index. 


Paragraph. 

County clerk, authenticate bridge bonds. 47 

County commissioners: 

appoint commissioner of bridge. 16 

apportion cost of county line bridge. 23 

apportionment of costs, road improvement. 115 

appropriation for bridge .. 17 

bond for road viewing, shall approve. 57 

bonds, reconstruction of bridges, may issue . 47 

bondsman or undertaker, shall not act.• 24 

bridges costing over $5000, call election. 26 

compensation, laying out roads .. 65 

concrete construction, shall give preference. 50 

contracts for reconstruction of bridges . 48 

convict labor on roads, may request. 144 

county engineer, may appoint . 82 

damming draws and watercourses. 185 

dams on highways, profile and plat. . . .. 191 

determine building bridges ..*. 15 

general funds, may use on highways . 119 

hedges near crossings, shall cut .. 168 

petition for improvement of road, action on .,. 110 

plan and estimate, bridges . 32 

prisoners working on roads . 153 

reconstruction of bridges . 46 

certain counties . 49 

road improvement, bond issue .. 113 

stone yard, may establish . 148 

subscriptions and donations, may receive . 116 

tax levy, limit of. 88 

township-line road, division of work. 129 

vacate or alter certain roads . 131 

viewing roads, procedure . 61 

weeds, destruction of, fixing time. 194 

work on roads, when and where done. 85 

County engineer, appointment of, certain cases. 82 

compensation. 84 

duties defined . 56. 82, 109 

opening roads . 66 

survey for dams on highways. 190 

County-line bridge . 23 

superintendent. 39 

County-line road . 64 

County roads defined . 73 

County treasurer, road tax, disbursement of. 87 

Crossing signs, railroads . 165 

Damages, award, opening roads .. 61, 62 

Damaging drains or markers on roads.. 107, 136 

Damming draws and watercourses. 185 

















































Index. i 

Damming draws and watercourses— continued. 

application of act. jgy 

construction on county and state roads. 188 

landowners, consent of. Igp 

plat and profile. 191 

survey and plat. 190 

tampering with dam misdemeanor. 192 

Dates of opening roads . gg 

Dealer's registration of automobiles . 4 

-Defective bridges, damages . 29 

Ditches on highway, duty of trustee. 97 

Dragging roads . 3 g 

cost of . gg 

Drainage district, contract for bridge work. 48 

Duties of county engineer. 83 

Eight-hour day, road work . . . .. . 139 

penalty for violation . 141 

Elections, bridge bonds, submitting . 53 

building bridges . 26, 44 

hedge law, adoption of. 171 

submit again. 173 

Engineer, counties may appoint . 82 

Engines crossing bridges .1. 100 

operation of, on highways . 101 

Exemptions from poll tax. 91 

Fire guards, certain counties. 178 . 

auditing claims . 184 

help, additional . 183 

joint, two townships. 180 

location of . 179 

width of. 179 

Fires in highways prohibited. 175 

Gates on public roads. 93 

leaving open. 94 

Guard rails on bridges. 30 

Guide-boards and signposts on roads. 92 

damaging, misdemeanor . 107 

Hedge fence, owner of land set in highway. 174 

railroad crossings and road corners, cutting of. 168 

road may vary to avoid.♦.. 67 

trimming of, along highway. 169 

Hedge law, adoption of. 171 

application of act. 172 

High-water mark at fords. 98 

Highway commissioners: 

chairman and clerk designated. 75 

compensation . 80 

contracts, letting of. 78 

damming draws . 186 

















































8 


Index. 


Highway commissioners— continued. 

definition of board. 

fire guards in certain counties, may establish. 

additional help .. 

personal interest in contracts prohibited. 

powers and duties. 

regular meetings .. 

reports made . 

work on roads, when be done. 

Highway engineer. 

Horses, hitching to trees. 

Inspection of bridges. 

Intoxication, driver of motor vehicle. 

Joint use of bridges by corporations. 

Joint road, municipal line. 

Letting contracts for bridges. 

Levy of township tax. 

Lights on motor vehicles.. 

Limits of concrete bridges. 

Live stock at large m highways. 

crossing bridge . 

Machinery for road work, county may purchase. 

record of use. 

townships may use. 

Mail routes . 

Marking highways. 

application for registration. 

change of name or location. 

emblem or color scheme. 

fees. 

maintenance of marks. 

map and plat. 

prior right to mark.. 

secretary of state register... 

determine right to mark. 

issue certificate . 

signs and marks protected. 

Material for roads. 

Milestones, damaging. 

Misdemeanor, damaging flumes or drains on highway 

engines on highways, failure to stop. 

Monuments, protection of. 

Municipal line road impeded. 

Navigable rivers, bridge construction.' 

Neglect of bridges punishable... 

Nonresidents driving motor vehicles. 

Notice, destruction of weeds. 

owners, opening roads. 

Number plates for motor vehicles. 


Paragraph. 

.... 56 

.... 178 
.... 183 
.... 79 

.... 78 

.... 76 

.... 81 
.... 85 

_ 83 

.... 175 
.... 41 

.... 13 

,... 48 

.... 71 

. 36 

. 122 

. 9 

. 51 

. 175 

. 103 

. 154 

. 155 

. 156 

. 56, 73 

. 132 

. 133 

. 138 

. 134 

. 133 

. 137 

. 135 

. 134 

. 133 

. 135 

. 135 

. 136 

. 66 

. 160 

. 192 

..... 102 

. 157 

. 71 

. 55 

. 43 

. 11 

. 202 

. 66 


















































Index. 


9 


Paragraph. 

Obstructions to roads removed.-. 66, 95, 123 

Opening roads . 66 

Outlet road where premises surrounded. 68 

Overseers, road, how appointed. 74 

Pay of bridge superintendent. 42 

Payment for county bridges. 21 

Petitions, improvement of roads. 110 

new roads . 57 

specifications . 58 

Plans and estimates for bridges. 32, 35 

Plat of road lost, reestablishment. 72 

Plowing in highways.,. 104 

Poll tax, collection and disbursement. 91 

fire guards, certain counties. 182 

Poles along highways allowed. 166, 167 

Posts set in highways, certain cases. 105 

Prisoners, work on county roads. 150 

Private labor by convicts prohibited. 143 

Protection of trees in highways. 177 

Publication, notice, bridge election. 26 

view and hearing, roads. 59 

Railroads, -blocking crossing. 164 

crossings, specifications for. 161 

neglect of, punishment. 162 

hedges near crossings be cut. 168 

joint use of bridge with municipality. 50 

poles on highways. 166 

signboards near crossings, view obstructed.:. 168 

signs at crossings. 165 

taxation, how distributed. 89 

trains standing on crossings. 164 

weeds, destruction of. 198 

Real-estate owners, notice of view. . 60 

Reconstruction of bridges, contract for. 46 

Reestablishment, roads where record lost. 72 

Registration of motor vehicles. 2 

Repairing bridges. 22, 38 

Reports of highway commissioners. 81 

Review where road marking lost. 63 

Road district, cities. 126 

Road overseers, fire guards certain counties, jurisdiction. 181 

inspect bridges . 41 

railroad crossings, duty to report on. 163 

weeds, cutting of, notice. 170 

destruction of . 195, 197 

Road rules for motor vehicles . 8 

Roads: 

appeals, property owners . 62 

















































10 


Index. 


Roads— continued. 

application for viewing . 

avenues and streets declared roads. 

board of commissioners of highways in townships 

Commissioners) . 

bond, petitioners for roads. 

prisoner, work on roads . 

bonds for construction, townships. 

bridges and culverts, dams constructed. 

certificate of commissioners or viewers . 

damages, property . 

cities constituted road district .. 

city or county line, deflection.; . . . . 

classification. 

compensation of commissioners . 

contracts, basis eight-hour day . 

improvement of highways. 

convict labor .. 

corner stones . 

county engineer, appointment of.. 

compensation. 

duties. 

open highways . 

county line ... 

damages, how assessed . 

damming draws and dry watercourses. 

dangerous convicts not allowed to work. 

defined . 

ditches and drains . 

regulations for .*. 

dragging . 

driving on bridge .:. 

eight-hour day. 

penalty for violation . 

engines crossing bridges or culverts. 

operation on highways . 

exemption from poll tax . 

fee for recording marking . 

fire guards, certain counties. 

fires set in highway. 

gates across highways . 

protection of . 

guide-boards and signposts. 

damaging, misdemeanor . 

hedge fence, set in highway. 

near crossings . 

hedge law, adoption of. 

application of act . 

high-water mark at fords .. 


Paragraph. 

. .. 57 

. 69 

(see Highway 

. 74 

. 57 

. 150 

. 79 

. ..'. 186 

. 61 

... 62 

. 70. 126 

. 71 

. 73 

. 80 

. 141 

. 113 

. . . 142, 143, 144 

. 157, 159 

. 82 

. 84 

. 83. 109 

. 66 

. 64 

. 61 

. 185 

. 145 

. 73- 

. 66 

. 97 

. 86 

. 103 

. 139 

. 141 

.'. 100 

. 101 

. 91 

. 133 

. 178 

.’ . 175 

. 93 

. 94 

. 92 

. 107 

. 174 

. 168 

. 171 

. 172 

. 98 

















































Index. 


11 


Roads— continued. Paraomuh 

highway commissioners, powers and duties . 78 

improvement, apportionment of cost .. 115 

bridges and culverts . 120 

collection of assessment. 117 

donations and subscriptions . 116 

part paid from general fund . 119 

township board maintain . 118 

levy of taxes . 88 

live stock, crossing bridge. 103 

loose on highways. 175 

machinery,-county may purchase. 154 

records of use . 7 . . . . 155 

townships may use . 156 

maintenance. 73 

marking. 132 

material, settlement for . 66 

milestones. 160 

notice to property owners, laying out. 60 

notice on bridge “five dollars fine”. 99 

obstruction . 107 

corporations .!. 55 

. removal of ... 95, 123 

opening. 66 

outlet, where premises surrounded. 68 

overseers, how appointed. 74 

personal interest of commissioners prohibited. 79 

petitions, laying out and establishing.. 57 

specifications of . 58 

petitions for improvement. 110 

contents of. Ill 

survey and estimate.. 112 

plat and record. 59 

plowing up highways.'. 104 

poles along highways. 166, 167 

poll tax, collection of.•. 91 

premises surrounded . 68 

prisoners allowed to work. 152 

counties, work ... . 148, 150 

railway crossings, how built. 161 

records . 77 

lost, reestablishment. 72 

reports of highway commissioners in townships. 81 

repairing of.66 

.review and relocation. 63 

rock crushers, county may purchase. 154 

running horse on highway. 124 

secretary of state register marking highway. 132 

sidewalk along highway. 105 

damaging, misdemeanor. 105 



















































12 


Index. 


Roads— continued. Paragraph. 

signboards near crossings. 168 

signs at crossings, railroads.. • • .. 465 

state line . . .. • 1^7 

stone broken by prisoners. 149 

stone yards in counties. 148 

superintendent of improvements. 114 

survey when viewed. . .. 59 

taxation for . 87 

tax levy in townships. 122 

terms and names defined._. 56 

time of opening. 66 

township, defined . 130 

funds for . 90 

levy . 89 

line . 128 

trustee shall open. 66 

trains standing on crossings. 164 

trees and shrubs, protection of. 175 -177 

view of, procedure.:. 61 

viewers, appointment . 59 

compensation . 65 

violation of law, trustee prosecute. 125 

weeds, destruction of . 193 

removal of . 95 

width . 67 

work on, when be done. 85 

Rock crushers, county purchase. 154 

Running horse on highway. 124 

Secretary of state register highway marking. 132 

Sidewalks along highways. 105 

protection of . 69 

Specifications for bridges.■. 35 

Speed regulation, motor vehicles. 7 

State line roads. 127 

State roads . 56, 73 

declared township roads. 130 

Steam engines, operation on roads. 101 

Stone yards in counties. 148 

Street railway, use of bridges. 48, 49 

Survey of roads. 59 

improvement purposes . 112 

Surveyor, compensation, laying out roads. 65 

corner stone, reset. 159 

notice to view road .•.60 

plat road . 61 

witness monuments, resetting. 159 

Taxation, bridge bonds, cities. 54 

building bridges. 26 


















































Index. 


13 


Taxation— continued. ■ Paragraph. 

hedge and weed cutting. 170-199 

levy, bridge bonds . 47 

road purposes, counties . 88 

townships .. 89. 122 

road maintenance. 87, 89 

township road levy . 89, 122 

\yeeds, destruction of . 170-199 

Telephone poles along highway. 167 

Township board, audit claims, fire guards. 184 

concrete bridges, give preference. 50 

maintain improved roads. 118 

Township road funds, how expended . . . ’. 90 

Township road tax. 122 

Township roads defined . 56, 73 

Township trustee, agreement, township line road. 129 

appointed superintendent of bridges. 33 

commissioner of bridge, certain cases. 16, 17 

bridge obstructed or damaged, shall repair. 96 

corner stones and monuments, shall protect. 157, 158 

ditches, regulation of. 97 

guard rails on bridges, shall provide . 30 

high-water mark, shall maintain. 98 

neglect of corner stone. 157 

obstructions in roads, remove . 95, 123 

repair bridges. 38 

roads, shall open. 66 

signposts and guideboards, shall erect. 92 

violations road laws, shall prosecute. 125 

weeds in roads, removal of. 95 

Townships, contract for bridge work. 48 

machinery for road work. 156 

road on line. 128 

Trees and shrubs, protection of. 175-177 

Two or more bridges, separate vote. 27 

Viewing roads, appointment of viewers. 59 

petition and application. 57 

procedure. 61 

Weeds, in highway, notice to cut. 170 

destruction of. 193 

by railroads . 198 

penalty for neglect. 200 

Width of county roads. 67 

Witness monuments to corner stones. 159 

















































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KANSAS ROAD AND BRIDGE LAWS 


AUTOMOBILES. 

1. Terms defined. The words and phrases used in this act 
shall, for the purpose of this act, be construed as follows: 
“Motor vehicles” shall include all vehicles propelled by any 
power other than muscular power, excepting, however, trac¬ 
tion engines, road rollers and any vehicle which runs only on 
raiis or tracks. “Highways” shall include public streets, roads, 
turnpikes, parks, parkways, drives, alleys' and other public 
ways used for the passage of road vehicles. (L. 1913, ch. 65, 
sec. 1.) 

2. Registration; fees. Every person or persons, firm or 
corporation owning, or who may hereafter own, a motor ve¬ 
hicle shall file in the office of the secretary of state, on a suit¬ 
able blank furnished by said secretary of.state, a description 
of every such vehicle, except as otherwise provided in this act, 
and shall at the same time and annually thereafter, so long as 
such motor vehicle is owned by such person or persons, firm or 
corporation, pay a registration fee of two dollars per year for 
each motorcycle and five dollars per year for each motor ve¬ 
hicle other than motorcycle, and where the license shall be 
issued for less time than six months the license fee shall be 
two dollars and fifty cents. The registration year shall begin 
July 1, 1913, and all licenses issued under the provisions of this 
law shall be dated the day and year of their issue and shall 
expire on the 30th day of June next thereafter; provided, that 
no registration fee shall be charged for any motor vehicle 
owned by any city in this state for the use of the police or fire 
departments. The secretary of state shall file the statements 
herein provided for in his office and register each such motor 
vehicle in a book to be kept for that purpose and shall assign 
and transmit to each a number plate and license certificate, 
numbering them consecutively. Every owner of a motor ve¬ 
hicle registered as herein provided shall be considered and 
treated as the owner thereof until there shall be filed in the 
. office of the secretary of state an original bill of sale or certified 
copy of the same showing a change of ownership and accom¬ 
panied by an application on a blank furnished by said secre¬ 
tary of state requesting registration of such change of owner¬ 
ship, also accompanied by a fee of one dollar for registering 
such change of ownership. No change of ownership of any 
motor vehicle shall be registered unless the annual registration 
fees for such vehicle are fully paid. (Id., sec. 2.) 

( 15 ) 



16 


Kansas Road and Bridge Laws. 


3. Fees paid to county treasurer. All registration fees pro¬ 
vided for in this act shall be paid to the treasurer of the 
county in which the applicant for registration resides, and 
said treasurer shall credit $4.25 of said fees collected on motor 
vehicles and $1.50 of said fees collected on motor cycle licenses 
to the county road fund for the maintenance of roads only and 
he shall immediately transmit the remaining sum of 75^ for 
each motor vehicle license fee and 50^‘ for each motor cycle 
license fee to the state treasurer to be placed in a special fund, 
which fund is hereby appropriated, for the use of the secre¬ 
tary of state in supplying number plates and license certificates 
and employing all necessary help and paying all expenses in¬ 
cident to the administration of this law, upon vouchers ap¬ 
proved by the state auditor; provided that any balance re¬ 
maining in the fund at the end of the fiscal year shall be turned 
into the general revenue fund of the state. The county treas¬ 
urer shall issue a receipt in triplicate one copy of which shall 
be filed with the secretary of state and another with the state 
treasurer which certificate shall entitle said applicant for li¬ 
cense to operate his said motor vehicle or motor cycle until 
said number plate and license certificate shall be furnished 
by the secretary of stateprovided, however, that such per¬ 
mission to operate, said motor vehicle or motor cycle without 
such license certificate and number plate provided for herein 
shall not be a longer period than fifteen days after the pay¬ 
ment of the fees herein provided for to the county treasurer. 
No motor vehicle shall be registered and no change of owner¬ 
ship shall be recorded unless the application for the same shall 
be accompanied by such county treasurer’s receipt showing 
that the proper fees have been paid. (Id., sec. 3.) 

4^ Dealer’s registration. Each manufacturer of, or dealer 
in motor vehicles, doing business in this state may register one 
motor vehicle of each class manufactured by or dealt in by 
him, and if a number corresponding to the registration num¬ 
ber issued to such manufacturer or dealer is displayed as pro¬ 
vided in this act, on every vehicle of the class for which it is 
issued, while such vehicle is being operated on the highways 
by such manufacturer or dealer or his agent or representative, 
it shall be deemed sufficient compliance with this act; provided, 
however, that nothing in this act shall be construed to apply 
to a motor vehicle operated by a manufacturer or dealer for 
his private use or for hire. In construing this section, elec¬ 
trically driven motor vehicles shall constitute a class, those 
propelled by steam a class, and those propelled by gasoline 
type engines a class. (Id., sec. 4.) 

5. Number plates. The owner of each motor vehicle shall 
have a number corresponding to the registration number as¬ 
signed by the secretary of state conspicuously displayed upon 


Kansas Road and Bridge Laws. 17 

the rear of each motor vehicle owned by him, except as in this 
act otherwise provided, whenever such motor vehicle is used 
on the highways, such numbers to be separate arabic numerals 
not less than four inches high and each stroke to be at least 
one-half inch wide and such numbers shall be followed by the 
letters KAN, not less than three inches high, and said num¬ 
bers and letters shall be attached to a plate which shall be in 
such contrast to the same as to make such letters and numbers 
easily read. The color of said number plates shall be changed 
each year by the secretary of state, and from one hour after 
sunset, till one hour before sunrise such number plate shall 
be so lighted as to be plainly visible at a distance of fifty feet. 
No other marks of identity shall be required on said motor 
vehicle, but upon compliance with this act all such motor ve¬ 
hicles shall be exempt from the provisions of any and all mu¬ 
nicipal motor vehicle license fees. (Id., sec. 5.) 

6 . Minimum age; intoxication. It shall be unlawful for any 
person under fourteen years of age or for any intoxicated per¬ 
son to operate a motor vehicle and any owner, dealer or manu¬ 
facturer of motor vehicles who permits a person under fourteen 
years of age or an intoxicated person to operate a motor 
vehicle shall be deemed guilty of a misdemeanor and shall be 
punished as hereinafter provided for violation of the pro¬ 
visions of this act. (Id., sec. 6.) 

7. Speed regulation. No person shall operate a motor ve¬ 
hicle on any highway outside of a city or village at a rate of 
speed greater than is reasonable and proper, having regard 
for the traffic and use of the road and the conditions of the 
road, nor at a rate of speed such as to endanger the life or limb 
of any person; provided that a rate of speed in excess of 
twenty-five miles an hour shall be presumptive evidence of 
driving at a rate of speed which is not careful and prudent in 
case of injury to the person or property of another; and within 
any city or village no motor vehicle shall be operated at a 
speed greater than twelve miles an hour or at a rate of speed 
greater than is reasonable and proper, and having regard for 
the traffic and use of the road, and the condition of the road, 
nor at a rate of speed such as to endanger the life or limb of 
any person. Upon approaching railroad crossing and inter¬ 
section of highways, or a bridge or a sharp curve or a steep 
descent, or another vehicle or an animal or person outside of 
any village or city, the person operating a motor vehicle shall 
reduce the speed of such vehicle to a rate not exceeding eight 
miles an hour and shall not exceed such speed until entirely 
past such intersection, bridge, curve, descent, vehicle, animal 
or person. When crossing an intersection of streets within an}- 
city or village, motor vehicles shall not be driven at a speed 
exceeding six miles per hour. Provided, that the speed limits 


18 


Kansas Road and Bridge Laics . 


in this section shall not apply to physicians or surgeons or 
police or fire vehicles or ambulances when answering emer¬ 
gency calls demanding excessive speed. (Id., sec. 7.) 

8 . Road rules. Any person operating a motor vehicle shall 
at request or on signal by putting up the hand, from a person 
riding or driving a restive horse or other draught or domestic 
animal, bring such motor vehicle immediately to a stop, and if 
traveling in the opposite direction remain stationary so long 
as may be reasonable to allow such horse or animal to pass, 
and if traveling in the same direction, use reasonable caution 
in passing such horse or animals, and the operator or occupant 
of any motor vehicle shall render necessary assistance to the 
party having in charge such a horse or other draught animal in 
so passing. Whenever any person traveling with any vehicle 
or conveyance on any road in this state shall overtake another 
vehicle or conveyance traveling in the same direction and shall 
by sound or call indicate to the driver thereof his or her de¬ 
sire to pass, it shall be the duty of the driver of the vehicle or 
conveyance in front, if the nature of the ground or the con¬ 
dition of his load will permit it, to promptly turn to the right 
of the center of the road and the driver of the vehicle or con¬ 
veyance behind shall then turn to the left of the center of the 
road and pass by without interfering or interrupting, and the 
driver of said vehicle or conveyance passing shall not return 
to the center of the road until at least thirty (30) feet ahead 
of the vehicle or conveyance passed. (Id., sec. 8.) 

9. Equipment. Every motor vehicle while in use on public 
highways shall be provided with good and sufficient brakes, 
and also with a suitable bell, horn or other signal, and shall 
have exhibited during the period from one half hour after 
sunset to one half hour before sunrise, one or more lamps 
showing white lights visible within a reasonable distance from 
the direction toward which such vehicle is proceeding, and a 
red light visible from the reverse direction. (Id., sec. 9.) 

10 . Violation of act; punishments. The violation of any of 
the provisions of this act shall be deemed a misdemeanor pun¬ 
ishable by a fine not exceeding fifty dollars for the first offense, 
and punishable by a fine of not less than fifty dollars nor more 
than one hundred dollars, or imprisonment not exceeding sixty 
days in the county jail, or by both such fine and imprisonment 
for each subsequent offense. (Id., sec. 10.) 

11 . Nonresidents. The provisions of this act so far as they 
relate to registration and fees shall not apply to motor vehicles 
owned and operated, for a period not exceeding thirty days at 
a time, by nonresidents of this state, provided the owners 
thereof have complied with any law requiring the registration 
of owners of motor vehicles in the state, territory, or federal 
district of their residence, and providing the registration 


Kayisas Road and Bridge Laws. 


19 


number and initials of such state, territory or federal district 
shall be displayed on such vehicle substantially as provided in 
this act. (Id., sec. 11.) 

12. Power of cities. The cities of the first, second and third 
class of this state shall have power by local ordinance to regu¬ 
late and control the use and speed of automobiles and motor 
vehicles within the limits of said cities and prescribe penalties 
for the violation thereof; such ordinances not to be incon¬ 
sistent or repugnant with the provisions of this act. (Sec. 454, 
G. S. 1909.) 

13 . Intoxication or drug using prohibited. It shall be un¬ 
lawful for any person under the influence of intoxicating 
liquor or any exhilarating or stupefying drug to drive, operate 
or have charge of the power or guidance of any automobile, 
motorcycle or any motor vehicle propelled by other than mus¬ 
cular power, upon any public road, highway, street, avenue, 
driveway or alley within the state of Kansas. And that the 
taking or use of any intoxicating liquor or exhilarating or 
stupefying drug by the person driving, operating or in charge 
of the power and guidance of any automobile, motorcycle or 
other vehicle or while operating such vehicle propelled by 
other than muscular power, within a reasonable time prior to 
taking charge or guidance of such vehicle shall be construed 
as prima facie evidence that such person is under the influence 
thereof. (L. 1915, ch. 235, sec. 1.) 

14 . Penalty. That any person violating any of the pro¬ 
visions of this act shall be deemed guilty of a misdemeanor 
and upon conviction shall be fined not less than $25.00 or be 
imprisoned in the county jail for a period not less than ten 
days. (Id., sec. 2.) 


BRIDGES. 

Providing for the Building of Bridges. 

15 . County commissioners determine what bridges built. 
The county commissioners of each county shall determine what 
bridges shall be built and repaired at the expense of the county, 
and what by the road district; provided, that in all counties 
having a population of less than 10,000 whenever a majority 
of the members of any township board and of the members of 
the board of county commissioners in any county in this state 
shall determine that any bridge to cost more than two hundred 
dollars and less than one thousand dollars is necessary, the 
same shall be built in the manner now provided by law and 
paid for out of the county treasury of the county out of any 
money in the county treasury for county expenses. (L. 1911, 
ch. 70, sec. 1.) 



20 


Kansas Road and Bridge Laws. 


16. Appointment of commissioner. If the board of county 
commissioners of any county be of the opinion that a bridge 
is necessary, and that the estimated expense of building said 
bridge exceeds two hundred dollars, they shall determine in 
what manner and of what material the same shall be built, 
and shall appoint the township trustee commissioner to con¬ 
tract for building such bridge. Said commissioner shall take 
an oath faithfully to perform the duties enjoined on him by 
this act. (Sec. 644, G. S. 1909.) 

17. Duties of commissioner; appropriation. Unless the 
board of county commissioners, from their own information, 
shall be satisfied as to the expense of building any bridge re¬ 
quired to be built, and shall make an appropriation accord¬ 
ingly, it shall be the duty of the board of county commissioners 
to appoint a commissioner aforesaid, provided said commis¬ 
sioner resides in the township in which said bridge is to be 
built, and require him to proceed to the spot where the bridge 
is to be built, and make an accurate estimate of the cost of 
building the same according to any plan or plans ordered by 
said board of county commissioners, or such, as in his opinion, 
may be best, and without delay make report thereof; and the 
board of county commissioners then may, or may not, in their 
discretion, make an appropriation for building said bridge, 
which appropriation shall in no event exceed the estimate 
made by the commissioner. (Sec. 645, G. S. 1909.) 

18. Cost $200 or less. If the estimated cost of building a 
bridge shall be two hundred dollars or less, then the fact shall 
be certified to the overseer of the road district in which the 
bridge is to be built, and the county commissioners shall not 
make any appropriation therefor. (Sec. 646, G. S. 1909.) 

19. Advertisement. The commissioner shall advertise the 
time and place for letting the bridge, at three public places in 
the township where such bridge is to be built, twenty days 
prior to letting the same, and shall receive sealed proposals 
for building the same until 12 o’clock M. of the day for letting 
said contract. (Sec. 647, G. S. 1909.) 

20. Lowest responsible bidder. He shall let the same to the 
lowest responsible bidder, which bid shall in no event exceed 
the estimate made as aforesaid by the commissioner; and shall 
take a bond, payable to the county, with good and sufficient 
security, from the person to whom the contract is awarded, 
in such penalty as shall be sufficient to cover all damages which 
may accrue from the breach of his contract. (Sec. 648 G S 
1909.) 

21. How paid for. The board of county commissioners may 
order the expense of building such bridge to be paid out of 
any money in the county treasury for county expenses. (Sec-. 


Kansas Road and Bridge Laws. 


21 


22. Bridge repairs. Whenever it is necessary to repair any 
public bridge in the county (for which the county has appro¬ 
priated money for the construction thereof), the county com¬ 
missioners shall forthwith require the township trustee of the 
township in which such bridge is erected to proceed and ex¬ 
amine the bridge so needing repairs, and make an accurate 
estimate of the cost of repairing the same, and in what par¬ 
ticular it needs repairing, and without delay make report 
thereof; and the county commissioners shall thereupon make 
an appropriation for such repairs, and proceed forthwith to 
cause said bridge to be repaired in the way they may order 
and direct. (Sec. 651, G. S. 1909.) 

23. Between counties. If a bridge be necessary over any 
watercourse which divides one county from another, the 
county commissioners of both counties shall unite in appoint¬ 
ing a commissioner for building said bridge, and the expense 
shall be defrayed by both counties in proportion to the amount 
of tax of each county, to be ascertained by the tax-list taken 
next before the contract for building such bridge shall be made; 
provided, that the respective boards of county commissioners 
of such counties are hereby authorized and may agree to bear 
such expense for building such bridge upon a different ratio 
or proportion than is herein established. (Sec. 652, G. S. 
1909.) 

24. Disinterested. No commissioner shall be an under¬ 
taker for building a bridge for which he is commissioner, nor 
be security for any undertaker. (Sec. 653, G. S. 1909.) 

25. Pay of commissioner. Each commissioner shall be al- 
lawed one dollar and fifty cents for each day necessarily and 
actually spent in the discharge of the duties required of him 
by this, act, to be paid out of the county treasury, upon the 
order of the board of county commissioners. (Sec. 654; G. S. 
1909.) 

26. When cost shall exceed $5000. That whenever the 
board of county commissioners of any county shall determine 
that any bridge or bridges are necessary to be built or repaired 
in their county, it may in accordance with the statutes of this 
state, make an appropriation therefor, not to exceed the sum 
of five thousand dollars for each of said bridges; provided, that 
where it is necessary in the opinion of the board to build or 
repair a bridge the cost of which shall exceed the sum of five 
thousand dollars, it shall before making an appropriation 
therefor, submit the question to the qualified voters of the 
county at either a general or special election, when if a major¬ 
ity of the votes cast on the proposition submitted shall be in 
favor thereof, the board shall make the appropriation in ac¬ 
cordance with the terms of the proposition submitted; and 
provided further, that in counties having an assessed valuation 
of $15,000,000 and not more than $20,000,000 the county com- 


22 


Kansas Road and Bridge Laws. 


missioners may make an appropriation not to exceed $7,500; in 
counties having an assessed valuation of $20,000,000 and not 
more than $30,000,000 in an amount not to exceed $10,000; in 
counties having an. assessed valuation of $30,000,000 and not 
more than $40,000,000 in an amount not to exceed $15,000; in 
counties having an assessed valuation of $40,000,000 and not 
more than $50,000,000 in an amount not to exceed $20,000; in 
counties having an assessed valuation of $50,000,000 or more 
in an amount not to exceed $25,000 for such bridge, or each 
of such bridges without submitting such proposition to the 
voters as aforesaid; provided, that notice of the resolution 
making said appropriation, setting out the full text thereof, 
shall be published once in the official county paper; and pro¬ 
vided further, if within thirty days after the board of county 
commissioners publishes such notice of such resolution a peti¬ 
tion signed by ten per cent of the legal voters shall be pre¬ 
sented to the board of commissioners requesting that the 
question be submitted to the people, the board of commission¬ 
ers shall order said election, and if a majority of the votes 
cast on the proposition submitted shall be in favor thereof, 
the board shall make the appropriation; and when the sum to 
be appropriated shall exceed five thousand dollars the board 
of county commissioners may provide for the payment of the 
same by orders on the county treasurer, payable in such sums 
and at such times as may be agreed to by the contracting 
parties for the building or repairing of such bridge or bridges, 
but in no such case shall such orders be given for a longer 
time than three years from the completion of the building or 
repairing of said bridge or bridges; and for the payment of 
such orders the board of county commissioners shall levy a 
tax sufficient to pay the same as they become due; provided, 
that nothing in this act shall apply to any bridge work or bond 
issue 'therefor under the provisions of chapter 64, Session 
Laws of 1909. (L. 1911, ch. 68, sec. 1.) 

27. Two or more bridges. If any proposition submitted 
under the provisions of this act shall relate to two or more 
bridges, such proposition shall be subdivided, and shall plainly 
state the amount and amounts desired for each bridge, and 
shall be so submitted that the voter may express his will on 
each subdivision of said proposition, separately. (Sec. 656, 
G. S. 1909.) 

28. Election. Any special election called under the pro¬ 
visions of this act shall be held under the provisions of the 
general election laws, so far as the same are applicable; and 
it shall be the duty of the sheriff to give notice of said election 
by proclamation, at least thirty days before the time of holding 
such election, stating clearly the proposition to be voted on. 
(Sec. 657, G. S. 1909.) 


Kansas Road and Bridge Laws. 


23 


29. Defective; damages. Any person who shall without 
contributing negligence on his part sustain damage by reason 
of any defective bridge, culvert, or highway, may recover such 
damage from the county or township wherein such defective 
bridge, culvert or highway is located, as hereinafter provided; 
that is to say, such recovery may be from the county when 
such damage was caused by a defective bridge constructed 
wholly or partially by such county, and when the chairman 
of the board of county commissioners of such county shall have 
had notice of such defects for at least five days prior to the 
time when such damage was sustained; and in other cases such 
recovery may be from the township, where the trustee of such 
township shall have had like notice of such defect. (Sec. 658, 
G. S. 1909.) 

30. Guard-rails. It shall be the duty of the township 
trustees of the several townships in each county in this state 
to cause to be placed, in a substantial manner, and maintained 
in good repair, on each and every bridge of a span of ten feet 
and over erected by any towmship or road district upon any 
public highway in their respective townships, good and suffi¬ 
cient guard-rails on each side of any such bridge. (Sec. 659, 
G. S. 1909.) 

Building and Repairing Bridges in Counties Having 
Twenty Thousand Inhabitants or More, and in 
Counties Named. 

31. Certain counties. It shall be the duty of the board of 
county commissioners in counties having a population of 
twenty thousand inhabitants or more, and in the counties of 
Clay, Davis, Harper, Barton, Washington, Dickinson, Linn, 
Pottawatomie, Greenwood, Chase, Neosho, Wilson, Republic, 
Crawford, Stafford, Lyon, Rice, Brown, Miami, Woodson, 
Cloud, Lincoln, and Allen, to determine what bridges shall be 
built and repaired by and at the expense of the county, and 
what bridges shall be built by and at the expense of the town¬ 
ship ; and to determine the amount that shall be appropriated 
out of the funds of the county for building or repairing any 
such bridges, not exceeding two thousand dollars for building 
any one bridge. (Sec. 660, G.. S. 1909.) 

32. Plan and estimate. When the board of county commis¬ 
sioners deem it necessary to build a bridge, it shall deter¬ 
mine upon a plan, the material to be used, and estimate the 
cost thereof. The cost being more than one hundred dollars, 
it may make an appropriation to build such bridge—not more 
than the estimated cost thereof. (Sec. 661, G. S. 1909.) 

33. Superintendent. The board of county commissioners 
may appoint the township trustee or the road overseer of the 
district in which the bridge is located, or other suitable person, 


24 Kansas Road and Bridge Laws. 

to superintend the construction of the same. (Sec. 662, G. S. 
1909.) 

34. When cost less than $100. If the estimated .cost of 
building a bridge shall be less than one hundred dollars, it 
shall be built at the expense of the township or road district 
in which it is, or by both, as the township trustee shall direct. 
(See. 663, G. S. 1909.) 

35. Advertise for bids; notice. The plans and specifications 
for the bridge shall be left in the office of the county clerk for 
inspection, and such clerk shall give twenty days’, notice of the 
time of letting the contract to build the same, in the official 
paper of the county; each bid to be sealed, and accompanied 
by a deposit of fifty dollars. If the lowest bidder shall fail to 
accept and execute the contract, as hereinafter provided, his 
deposit shall be forfeited, and paid into the bridge fund. (Sec. 
664, G. S. 1909.) 

36. Letting contract. Bids shall be opened at twelve 
o’clock M. on the day named in the notice, in the presence of 
said board, and the board must let the contract to the lowest 
responsible bidder complying with the requirements of this 
act, unless the board is of the opinion that the bids are too 
high, when it shall reject the same; provided, that when such 
notice has been given, and the bids received, and rejected for 
the reason that the same were too high, the board may there¬ 
after award the contract for any sum lower than the lowest 
bid so rejected to any responsible person complying with the 
provisions of this act; and provided further, that if the same 
can not be let to such person or persons for such lower sum, 
the board shall be allowed to purchase the material for said 
bridge and award the contract for the construction of same 
to any responsible person complying with the requirements 
of this act; provided, that the cost of said bridge and the 
construction thereof shall not exceed the lowest bid so rejected. 
(Sec. 665, G. S. 1909.) 

37. Bond. The person or persons to whom the contract is 
awarded shall, at the time of the execution of such contract, 
execute a bond with good and sufficient sureties, payable to 
the county, for the benefit of the bridge fund, in such sum as 
the board shall direct, conditioned for the faithful performance 
of such contract. When the bridge is completed according to 
the contract the board shall accept the same, and shall order 
it paid for out of the bridge fund. (Sec. 666, G. S. 1909.) 

38. Bridge needing repairs. When a bridge built by the 
county is out of repair, the board shall estimate the cost of 
repairing it, and make an appropriation therefor; and may 
require the township trustee of the township, or the overseer 
of the road district in which the bridge is located, or some 
other suitable person, to proceed immediately to repair the 


Kansas Road and Bridge Laws. 


25 


same, as the board may direct; provided, that if the costs 
of repairing the same exceed one hundred dollars, then like 
preliminary steps shall be taken as in building a bridge. (Sec. 
667, G. S. 1909.) 

39. Connecting two counties. If a bridge be necessary over 
any watercourse or upon any road that divides one county 
from another, the board of county commissioners of both coun¬ 
ties shall unite in appointing a person to superintend the build¬ 
ing of said bridge; and the expense shall be defrayed by both 
counties in proportion to the amount of tax of both counties, 
to be ascertained by the tax list taken next before the contract 
for building such bridge shall be made; and in all such cases, 
the same proceedings, so far as applicable, shall be had as pro¬ 
vided in this act, by the board of the county paying the largest 
amount of tax, and agreed to by the board of the other county 
in interest. (Sec. 668, G. S. 1909.) 

40. Who not to be contractor. No person appointed to 
superintend the building or repairing of a bridge shall be con¬ 
tractor, or security for any contractor, for building such 
bridge. (Sec. 669, G. S. 1909.) 

41. Road overseer to inspect. It shall be the duty of each 
overseer of every road district to inspect all the bridges in his 
district from time to time, and in case repairs become neces¬ 
sary to any bridge, or approach to a bridge, of such character 
that they can be done with the road labor and other means 
at his command in his road district, then he shall proceed forth¬ 
with to make such repairs. If the repairs are of such character 
that they can not be done by the road overseer with the means 
at his disposal, then he shall report the same to the county 
board for their action under this act. When the continuance 
of travel over a bridge needing repairs is dangerous to the 
traveling public, then the overseer of the road district in which 
such bridge is located shall close the same immediately from 
travel until it is repaired. (Sec. 670, G. S. 1909.) 

42. Pay of superintendent. Each person appointed to 
superintend the building or repairing of a bridge shall be 
allowed the sum of one dollar and fifty cents for each day 
necessarily and actually spent in the discharge of the duties 
required of him by this act, to be paid out of the bridge fund, 
upon the order of the board of county commissioners. (Sec. 
671, G. S. 1909.) 

43. Penalty. Any officer or person who shall violate any of 
the provisions of this act, or who shall fail or neglect to per¬ 
form his duties as required by this act, shall be deemed guilty 
of a misdemeanor, and upon conviction thereof before any 
justice of fhe peace in said county shall be fined in a sum not 
less than five or more than fifty dollars, and shall forfeit his 
office. And it shall be a part of the judgment of the said 


26 


Kansas Road and Bridge Laws. 


justice of the peace before whom the case is tried, on such 
conviction, that such officer or person be removed from office, 
and that he stand committed to the county jail until the fine 
and the costs of prosecution are paid. The fine so collected 
shall be paid into the bridge fund. Any freeholder may make 
the complaint, and it shall be the duty of the county attorney 
to prosecute the same. (Sec. 672, G. S. 1909.) 

44. Election. When the expense of building any bridge 
shall be estimated to be more than two thousand dollars, no 
appropriation shall be made therefor out of the county treas¬ 
ury until the question has been submitted to the people of the 
county at some general election, when, if a majority shall vote 
for the appropriation, the county commissioners shall make the 
appropriation as hereinbefore provided. (Sec. 673, G. S. 1909.) 

Reconstruction of Bridges, Certain Counties. 

45. Reconstruction of public bridges, counties of over 
$90,000,000 valuation. Whenever in any county having an 
assessed valuation for taxation purposes of over ninety million 
dollars the board of directors of any drainage district or¬ 
ganized under the laws of this state, under the powers vested in 
them, shall prescribe, regulate or fix the height of any public 
bridge located within said district or the length of spans and 
the location of piers or abutments of any such bridge, or shall 
locate harbor lines for or establish the channel of any stream 
within such district, and shall notify and request, in writing, 
the board of county commissioners to change, alter or recon¬ 
struct any such bridge or bridges to conform to such harbor 
lines, channel or requirements; or whenever in any county the 
secretary of war of the United States, or any other competent 
authority, shall request, order or direct, in writing, the recon¬ 
struction, raising or lengthening of any public bridge, or the 
spans thereof, over any navigable stream, or shall request, 
order or direct the reconstruction or relocation of the piers 
or abutments of any public bridge over a navigable stream, 
or shall establish harbor lines or otherwise designate the 
channel fofc any navigable stream, and shall request, order or 
direct the reconstruction of bridges to conform thereto; the 
board of county commissioners of the county wherein such 
public bridge is located is hereby authorized and empowered 
to reconstruct such bridges and approaches thereto, raise, 
lengthen and repair such bridges, and to reconstruct, remove 
and relocate the abutments and piers thereof, and to improve 
such bridges in any other respect required, and to do any and 
all acts necessary to conform to such requirements, in the 
manner hereinafter provided, and for the purpose of paying 
for such improvements may issue bonds of such county without 
the same being authorized by any election, and subject only to 


Kansas Road and Bridge Laws. 


27 


the limitations contained in this act. The amount of bonds so 
authorized to be issued shall not exceed the actual cost of such 
improvements. (Sec. 674, G. S. 1909.) 

46. Contract for reconstruction. The reconstruction, im¬ 
provement, removal and relocation of bridges or approaches 
thereto provided for in this act shall be by written contract 
separately made and awarded as to each bridge, to the lowest 
responsible bidder, upon sealed proposals, based upon plans 
and specifications therefor on file in the office of the county 
clerk of the county. The county surveyor of the county, when 
so directed to do by the board of county commissioners, shall 
make all necessary surveys and investigations and prepare 
plans and specifications for the reconstruction, improvement, 
removal dr relocation of any bridge or the approaches thereto, 
together with an estimate under oath of the cost thereof, and 
file such plans, specifications and estimate in the office of the 
county clerk of the county. No contract shall be awarded for 
any such improvement at a price in excess of said estimated 
cost. The board of county commissioners shall have power, 
if they deem it necessary, to employ engineers to assist the 
county surveyor in preparing plans and specifications or super¬ 
intending the construction of such improvements, and to pay 
such engineers out of the proceeds of bonds issued on account 
of the cost thereof. After considering and approving plans 
and specifications, prepared and filed as aforesaid, the board 
of county commissioners shall advertise for three consecutive 
weeks in the official county paper for sealed proposals for the 
construction of such improvements or work, in accordance 
with the plans and specifications therefor. The board of 
county commissioners shall require any contractor to whom 
any such contract is awarded to enter into a written contract, 
and to secure the performance thereof by a bond signed by 
two or more surety companies. All bids for the construction 
of any such improvement or work shall be presented simul¬ 
taneously to the board of county commissioners and opened 
forthwith by them, in the presence of the public and all bidders 
present. (Sec. 675, G. S. 1909.) 

47. Bonds to pay for work. In order to pay for the recon¬ 
struction, improvement, removal or relocation of any bridge 
and approaches thereto, provided for in this act, the board of 
county commissioners of such counties shall be and are hereby 
authorized and empowered, for and on behalf of such counties, 
to issue negotiable bonds of such counties. Such bonds may 
be issued to the contractor reconstructing, improving, removing 
or relocating any bridge or approaches thereto, in payment 
therefor, or the said board may sell such bonds and pay the 
contractor from the proceeds thereof. Such bonds shall be 
made payable in ten equal annual series, beginning twenty 
years from the date thereof, and shall bear interest at a rate 


28 Kansas Road and Bridge Laws. 

not to exceed four and one-half per cent per annum, and shall 
have semi-annual interest coupons attached thereto. It shall 
be the duty of the board of county commissioners of any county 
issuing such bonds, annually at the time of levying other taxes, 
to levy a tax each year sufficient to pay the interest on said 
bonds as the same become due on all taxable property of such 
county, and such commissioners are further empowered and it 
shall be their duty before the date of maturity of any series of 
such bonds to levy a tax for the payment of such series at the 
maturity thereof, and all moneys realized from the sale of such 
bonds shall be used only for the purpose herein specified. 'No 
bonds issued in pursuance of this act shall be sold for less than 
their par value, nor shall any commission be paid for the sale 
thereof. Said bonds shall be signed on behalf of the county 
issuing the same, by the chairman of the board of county com¬ 
missioners, and attested by the county clerk of said county, 
with the seal of the county thereto attached, and duly regis¬ 
tered by said county clerk in his office, and such registration 
shall be certified to by the said county clerk upon said bonds 
by his official signature and the seal of the county. Said bonds 
shall also be registered by the auditor of the state, and he shall, 
certify on such bonds to the registration thereof by his official 
signature and seal of office. Said bonds may be issued at any 
time after the awarding of a contract for the reconstruction, 
removal or improvement of any bridge. All bonds issued 
under the provisions of this act shall contain a recital that the 
same are issued under the provisions of this act and in con¬ 
formity with the provisions, restrictions and limitations 
thereof, and that such bonds and the interest thereon are to 
be paid by a general tax levied upon all the taxable property 
of the county issuing the same, and such recital shall be con¬ 
clusive in favor of all persons purchasing such bonds that all 
proper acts have been done, proceedings taken and conditions 
precedent performed and existing to authorize the issue of 
such bonds and the levy of all taxes necessary for the payment 
of the principal and the interest thereof, as and when the same 
become due by the terms thereof. (Sec. 676, G. S. 1909.) 

48. Reconstruction and relocation. The board of county 
commissioners is hereby authorized to enter into contracts 
with any county, township, city, drainage district, municipal¬ 
ity, person, company or corporation, located within or without 
this state, for the reconstruction, improvement, removal, re¬ 
location, maintenance, regulation or use of any bridge and 
approaches thereto, reconstructed under this act, and if such 
contract shall be entered into between any board of county 
commissioners of such county and any other county, township, 
city, drainage district, municipality, person, company or corpo¬ 
ration, as to the reconstruction, improvement, removal, reloca¬ 
tion, maintenance, regulation or use of any such bridge or 


Kansas Road and Bridge Laws. 


29 


bridges, then such commissioners shall not issue the bonds of 
the county for a greater amount on account of the reconstruc¬ 
tion, improvement, removal or relocation of any such bridge 
or bridges than the cost thereof, after deducting therefrom 
the amount paid or agreed to be paid by such other county, 
township, city, drainage district, municipality, person, com¬ 
pany or corporation; provided, that no contract with or con¬ 
tribution by any such other county, township, city, drainage 
district, municipality, person, company or corporation for the 
joint use of any bridge or the construction thereof shall confer 
upon any such other county, township, city, drainage district, 
person, company or corporation any exclusive privilege or 
right to use such bridge or preclude the county commissioners 
of the county reconstructing, improving or relocating any 
such bridge from the granting of like or similar privileges to 
others to use such bridges upon such terms as may be pre¬ 
scribed by such board of county commissioners or other au¬ 
thorities having control thereof. No street railway or other 
railway company shall construct, lay or maintain any tracks 
upon or use for the transportation of passengers or freight 
any bridge reconstructed or improved under the provisions of 
this act without first paying to the county reconstructing or 
improving such bridge one-half of the total cost of such recon¬ 
struction or improvement of such bridge and the approaches 
thereto, and no other person or corporation shall use such 
bridge or the piers thereof for any private use without first 
paying to the county constructing the same such sum as the 
county commissioners thereof, or other authorities having con¬ 
trol of such bridge, shall require as compensation for such 
use. If any street railway or railway corporation shall con¬ 
struct, lay or maintain any tracks upon or use for the trans¬ 
portation of its passengers or freight any bridge reconstructed 
or improved under the provisions of this act without first 
paying therefor as above provided, it shall thereby become 
liable to the county for one-half of the cost or the reconstruc¬ 
tion or improvement of such bridge, and such county may sue 
for and recover such sum in any court of competent jurisdic¬ 
tion, and the use of such bridge by any street railway or railway 
corporation for the transportation of any cars, passengers or 
freight, or the construction or maintenance of tracks thereon, 
may also be enjoined until compensation is made therefor, as 
hereinbefore provided. All money received for the use of such 
bridges shall be used in the reconstruction or improvement 
thereof, or in the payment of bonds and interest thereon, 
issued on account of the reconstruction or improvement of 
such bridges: Provided however, that the board of county 
commissioners may make a contract for monthly rental with 
any street railway company for the use of such bridge. Such 
rental shall not be less than a sum sufficient to pay the interest 


30 


Kansas Road and Bridge Laws. 


on one-half of the bonds issued for the reconstruction or im¬ 
provement of such bridge and approaches thereto and create 
a sinking fund for the payment of one-half of said bonds within 
a period of thirty years. (L. 1913, ch. 68, sec. 1.) 

49. Duty of county board to relocate and reconstruct bridge. 
It shall be the duty of the county commissioners of any county 
of this state to which this act applies now or hereafter having 
therein any public bridge or bridges over any navigable river, 
which bridge or bridges have been ordered or shall hereafter 
be ordered or required by the secretary of war of the United 
States, or the board of directors of any drainage district or¬ 
ganized under the laws of this state, in any county having an 
assessed valuation for taxation purposes of over ninety million 
dollars, to be removed, relocated, reconstructed or improved, 
to take possession of such bridges and to forthwith remove, 
relocate, reconstruct or improve the same, as may be necessary 
and proper, and the ownership and control of such bridges is 
hereby vested in such counties, and the board of county com¬ 
missioners thereof are hereby authorized and empowered to 
use any part or portion of any such bridge in the reconstruc¬ 
tion of such bridges or of any other bridge or viaduct situated 
in their county, or to sell or dispose of the materials composing 
any such bridge, and to use the proceeds of such sale in the 
reconstruction or improvement of bridges over rivers situated 
in said county. The provisions of this act shall apply to all 
public bridges, and all parts thereof, used by any street rail¬ 
way company or any other corporation, and to all public 
bridges heretofore constructed over any such river by counties, 
either with or without the aid, assistance or cooperation of 
any street railway company or other person or corporation, 
and also to public bridges situated in or constructed by or 
under the control of any city or any other municipality. 
Should any relocation, change or alteration of the channel of 
any river by any competent authority necessitate the removal, 
relocation or reconstruction of bridges over the channel of 
such river as relocated or altered, such work shall be done and 
such improvements made under the provisions of this act. 
Bridges constructed, reconstructed, improved or relocated 
under the provisions of this act shall be under the control of 
and maintained by the board of county commissioners of the 
county, and such county commissioners shall also have power 
to contract with any city in which any such bridge is situated, 
or with any corporation using any such bridge, for the main¬ 
tenance or repair thereof. (Sec. 678, G. S. 1909.) 

Concrete Construction of Bridges; Cities Second Class 
Make Contracts; Rights of Corporations. 

50. Concrete construction given preference. That it shall 
be the duty of the board of county commissioners of each 
county, and the mayor and common council of each incorpo- 


Kansas Road and Bridge Laws. 


31 


rated city, and the township board of each township in the 
state, in constructing bridges and culverts on the public roads 
and highways over which said officials have control, to cause 
the said bridges and culverts to be constructed of concrete, re¬ 
inforced concrete, stone, corrugated iron, which shall be 
ninety-nine per cent pure, or steel, or both in preference to 
steel, in each and every case where such bridge or culvert can 
be constructed at a cost not to exceed 130 per cent of the cost 
of building said bridge or culvert of steel. Said officials shall 
not consider bids on any bridge or culvert made of concrete, 
reinforced concrete, or stone, which is not designed to safely 
carry a uniform live load of at least two hundred pounds per 
square foot of floor surface, nor on a bridge or culvert of 
seventy-five-foot span or less made of any other material ex¬ 
cept wood, which is not designed to safely carry a uniform live 
load of not less than one hundred pounds per square foot of 
floor surface; nor shall said officials consider bids upon a plan 
which is not designed with a smaller factor of safety than four; 
provided, that every concrete, reinforced concrete, stone, or 
steel bridge with a concrete floor, shall be guaranteed by the 
contractor for a period of four years after the completion of 
said bridge against defects of design, workmanship or ma¬ 
terials, said guarantee to be covered by an approved surety 
bond issued by a company authorized to do business in the 
state of Kansas. (L. 1913, ch. 70, sec. 1.) 

51. Limit increased. After the passage of this act all limits 
placed by law upon the letting of contracts for the building of 
bridges and culverts shall be increased by thirty per cent 
thereof, when applied to bridges or culverts made of concrete, 
reinforced-concrete stone or corrugated iron. (L. 1911, ch. 69, 
sec. 2.) 

52. Cities second class contract for construction. That all 
cities of the second class are hereby authorized and empowered 
to contract for the construction, repairing, and building of 
bridges which may be located entirely within the corporate 
limits of such cities; and may contribute to the cost of construc¬ 
tion of such bridges when the same are built under the direc¬ 
tion, and at the partial cost, of the county in which the same 
may be located. (L. 1913, ch. 72, sec. 1.) 

53. That for the purpose of enabling such cities to carry 
out the provisions of section 1 of this act, such cities are hereby 
authorized and directed to issue their bonds in not to exceed the 
sum of $4000.00. Which said bonds shall be in addition to the 
bonded indebtedness of such cities as now limited by law; pro¬ 
vided, however, that such bonds shall not be issued until the 
same shall have been authorized by a majority of the electors of 
any such city at some general or special election at which the 
proposition shall have been submitted to them. (Id., sec. 2.) 


32 


Kansas Road and Bridge Laws. 


54. Such bonds shall bear interest at not to exceed five (5) 
per cent per annum, and shall be payable in not more than 
twenty years from their date. And it shall be the duty of such 
cities to levy annually a tax sufficient to create a sinking fund 
with which to retire said bonds at their maturity and no com¬ 
mission shall be paid for the sale of such bonds either directly 
or indirectly. (Id., sec. 3.) 

55. Bridges; public highways. Nothing in this act shall be 
so construed as to allow any corporation organized under this 
act to interfere with or in any manner obstruct the free use of 
any bridge erected or in process of erection at the time of filing 
the charter of such corporation, except that such corporation 
shall have the right to make all necessary excavation or any 
other work necessary to be done in constructing canals or 
passage-ways, with drawbridges for the passage of boats 
around any bridge or bridges erected or in process of erection 
as aforesaid, and that all canals, passage-ways and draw¬ 
bridges so constructed shall be under exclusive control of the 
corporation so constructing them; provided, that in case any 
public highway shall be destroyed or obstructed by the flowage 
of any stream in consequence of the erection of any dam or 
dams, or otherwise, such corporation shall bridge such streams 
at the place or places where such highways have been de¬ 
stroyed, and maintain the same; and in case of a partial ob¬ 
struction of such highway, the said highway shall be repaired 
and maintained as a good, passable highway by such corpora¬ 
tion. (Sec. 1901, G. S. 1909.) 


ROADS AND HIGHWAYS. 

Laying Out, Maintaining and Improving Public High¬ 
ways; Duties of Officers. 

56. Terms and names defined. That unless inconsistent 
with the context, words and phrases used in this act shall be 
defined and construed as follows: (1) The phrase “highway 
commissioners,” the board of highway commissioners com¬ 
posed of the township trustee, the township clerk and the 
township treasurer of the various municipal townships in the 
state. (2) The phrase “county engineer,” the officer appointed 
by the board of county commissioners of each county in the 
state to be county engineer of roads and bridges. (3) The 
phrase “mail routes,” the free rural delivery mail routes within 
a municipal township. (4) The phrase “township roads,” all 
roads within a township other than free rural delivery mail 
routes. (5) The phrase “state roads,” all roads laid out and 
defined by the state of Kansas.* (6) The phrase “county 

* The state shall never be a party in carrying on any works of internal 
improvements. (Constitution, § 209.) 





Kansas Road and Bridge Laws. 


83 


roads,” all roads designated as such by the board of county 
commissioners of a county connecting cities and market cen¬ 
ters, whether both such cities or centers are within the county, 
or one is within and the other without the county. (L. 1911, 
ch. 248, sec. 1. ) 

57. Applications; petition. That applications for laying out 
roads, or for viewing, reviewing, altering or vacating any road, 
shall be by petition to the board of county commissioners, 
signed by at least twelve householders of the county residing 
in the vicinity where said road is to be laid out, viewed, re¬ 
viewed, altered or vacated; and one or more of the signers 
of any petition presented as aforesaid shall enter into a bond 
with sufficient sureties, payable to the state of Kansas, for 
the use of the county, to be approved by the county commis¬ 
sioners, conditioned that the persons signing such bond shall 
pay into the treasury of the county the amount of all costs and 
expenses accruing on said location, view, review, alteration or 
vacation, in case the proceedings had in pursuance of said 
petition shall not be finally confirmed and established; and on 
neglect or refusal of the persons so bound, after a liability 
shall have accrued, the county clerk of the county shall collect 
or cause to be collected such costs and expenses, and pay the 
same into the county treasury. (Id., sec. 2.) 

58. Petitions specify location. That all petitions for laying 
out or altering a road shall specify the place of beginning, the 
intermediate points, if any, and the place of termination of 
such road. (Id., sec. 3.) 

59. Viewers appointed. That upon presentation of any pe¬ 
tition for a road, or for the alteration or vacation of any road, 
to the county commissioners, at any regylar session of their 
board, it shall be the duty of said commissioners, if they find 
the petition to be a legal one, and that the proper bond has 
been filed, to appoint three disinterested householders of the 
county as viewers with said commissioners, who may act as 
viewers of said road, and the county clerk shall give notice 
by advertisement set up in the county clerk’s office and in 
every municipal township through which any part of said road 
is designed to be laid out, altered, or vacated, for at least 
twenty days, and by publication for two consecutive weeks in 
a newspaper of general circulation in the county setting forth 
that such petition has been presented, giving the substance 
thereof, and that the commissioners or the viewers, oh the day 
designated, which shall not be more than twenty days after 
the date of the second publication in the newspaper of the 
notice herein required, will proceed to view the said road, and 
give all parties a hearing. They shall also cause a record of 
such notice to be entered on their journal by the county clerk. 
They shall issue an order directing the county surveyor to 

—3 


34 Kansas Road and Bridge Laws. 

meet with them at the time and place named in said notice to 
survey such road. In case of failure to meet on the day desig¬ 
nated, they may meet on the following day, without further 
notice; and in case of failure to meet within the time herein 
specified, new notice shall be given as hereinbefore provided; 
that in all applications for the location, change and relocation 
of any road to be located upon or along any section line, and 
the petition shall so state, and shall specify the section lines to 
be followed, the place of beginning and the place of ending, 
the survey may be dispensed with, and in case the owners of 
the lands taken agree in writing to the proposed location, re¬ 
location, or change, and the commissioners are satisfied that 
the location, relocation or change prayed for is practicable, 
and can be made without unreasonable expense, they may dis¬ 
pense with the viewing of such location, relocation or change 
of road, and shall order the same to be surveyed, platted and 
opened, and shall also direct the county engineer to note such 
location, relocation or change of roads upon the road records 
of his office. (Id., sec. 4.) 

GO. Notice to land owners. That it shall be the duty of at 
least one of the petitioners to cause six days’ notice to be 
given in writing to the owner or owners or their agents, if 
residing in the county, or if such owner be a minor, idiot or in¬ 
sane person, then to the guardian of such person, if a resident 
of the county, through whose land such road is proposed to be 
laid out and established, and also six days’ notice to the county 
surveyor of the time and place of meeting, as specified in the 
notice of the commissioners. Copies of said notice of lands, 
with affidavits of service attached, shall be filed in the county 
clerk’s office before said road shall be established. (Id., sec. 5.) 

61. Duty of commissioners or viewers; survey and plat. 
That it shall be the duty of the commissioners or said viewers, 
or a majority of them, and the county surveyor to meet at the 
time and place specified in the notice aforesaid, or on the fol¬ 
lowing day thereafter, and they may, if they deem it necessary, 
take to their assistance two suitable persons as chain carriers 
and one as marker, and then proceed to view, survey, lay out, 
alter or vacate the road as prayed for in said petition, or as 
nearly so as a good road can be made at a reasonable expense, 
taking into consideration the utility, convenience and incon¬ 
venience, and expense which will result to individuals as well 
as to the public, if such road, or any part thereof, shall be 
established and opened or altered. Said commissioners or 
viewers shall also assess and determine the amount of damages 
sustained by any person or persons through whose premises 
the said road is proposed to be established. Such commission¬ 
ers or viewers shall not assess or award damages or compen¬ 
sation to any person or persons in consequence of the opening 


Kansas Road and Bridge Laws. 


35 


of said road, unless the owner or owners, or their agents, or 
guardians, having been duly notified as provided in this act 
of the applications and proceedings by which their property 
is sought to be appropriated or damaged, shall have filed 
a written application with said commissioners, giving a de¬ 
scription of the premises on which damages or compensation 
are claimed, at the time of said view and hearing, as herein¬ 
before provided for; provided, that in case any person has not 
received the notice of the view of said road, as hereinbefore 
provided for, he may at any time within twelve months after 
the location of said road file an application for damages with 
the county commissioners, who shall determine the amount of 
damages sustained by such claimant; and all applications for 
damages shall be forever barred unless they are presented as 
provided for in this act. If the commissioners or viewers, 
after viewing such proposed road, shall so direct, the county 
surveyor shall survey the said road under their direction, and 
cause the same to be conspicuously marked throughout, noting 
the courses and distances. He shall also make out and deliver 
to the county clerk, without delay, a correct and certified re¬ 
turn of the survey of the said road, and a plat of the same, and 
the said commissioners or viewers shall make out and sign a 
certificate stating their opinion in favor of or against the es¬ 
tablishment, alteration or vacation of said road or any part 
thereof, and set forth the reason of the same, which certificate 
shall be filed with the county clerk on or before the first day 
of the session of the commissioners then next ensuing; and at 
such session next ensuing the said commissioners shall, if they 
conclude that said road should be established, altered, or va¬ 
cated, and no legal objections appear against the same, and 
they are satisfied that such road will be of public utility, enter 
an order upon their records that said road, survey and plat 
be recorded in the office of the county surveyor and from 
thenceforth said road shall be considered a public highway, 
and the county surveyor shall issue his order to the trustees 
of the respective townships in which said road is located, 
directing them to cause the same to be opened for the public 
travel at the time and in the manner indicated by him; but if 
the commissioners conclude that such road as applied for is un¬ 
necessary or impracticable, then no further proceedings shall 
be had thereon and the obligor or obligors on the bond secur¬ 
ing costs shall be liable for the full amount of all costs accrued 
by reason of the view of said road. (Id., sec. 6.) 

62. Damages awarded; appeals. That it shall be the duty 
of the commissioners or viewers, at the same time they make 
their certificate of the view, if favorable, to make also a sep¬ 
arate certificate in writing stating the amount of damage, if 
any, by them assessed, and to whom, and submit therewith the 


36 


Kansas Road and Bridge Laws. 


written application upon which the assessments have been 
made. Any person feeling himself aggrieved by the award or 
damages made by the board of county commissioners may ap¬ 
peal from the decisions of said board of county commissioners 
to the district court upon the same terms, in the same man¬ 
ner and with like effect as in appeals from judgments of 
justices of the peace in civil cases. (Id., sec. 7.) 

63. Review. That when the place of beginning or true 
course of any road shall be uncertain by reason of the removal 
of any monument or marked tree by which the road was orig¬ 
inally designated, or from any other cause, the county com¬ 
missioners shall constitute a board of review, or the county 
commissioners may appoint three disinterested householders 
of the county, and they may review, remark and straighten 
said road, if they deem it necessary; and the county surveyor, 
with said commissioners or the viewers, shall view and resur¬ 
vey the same, and shall have the same correctly marked, as in 
the case of a new road, and shall make a correct return of said 
survey and a plat of said road; and the same, together with 
the certificate of the commissioners or viewers, shall be re¬ 
corded as in other cases, and from thenceforth said road, sur¬ 
veyed as aforesaid, shall be considered a public highway. (Id., 
sec. 8.) 

64. County line road. That when it shall become necessary 
to establish a road on a county line, the inhabitants along such 
line may petition the board of commissioners of their respec¬ 
tive counties for a view of said road in the manner hereinbe¬ 
fore provided; and it shall be the duty of the board of com¬ 
missioners for each of the counties interested to act as viewers, 
or they may appoint three disinterested householders of the 
county, and they or a majority of each of them shall meet at 
the time and place named in the order of the county interested 
as in alphabetical order, together with the county surveyor of 
such county, and the commissioners or viewers shall assess all 
damages, and shall in all respects be governed by the preceding 
provisions of this act; and the commissioners or viewers and 
surveyor aforesaid shall make their report and certificate, in 
writing, for or against such road, which shall be filed and re¬ 
corded in each of the counties as hereinbefore provided for. 
And when it shall become necessary to establish a road on the 
line of any city, the board of commissioners of the county, to¬ 
gether with three householders appointed by the corporate 
authorities of such city, shall act as a board of viewers, who 
shall proceed as directed herein to lay off a road of the width 
that may be agreed upon by said commissioners and said corpo¬ 
rate authorities, not to exceed eighty feet in width, half on the 
side of the city and the other half on the side of the county, or 
the county commissioners and the viewers appointed by the 
corporate authorities may act separately in laying off so much 


Kansas Road and Bridge Laws. 37 

of said road as lies within their respective jurisdictions; and 
the certificate of said commissioners in regard to said road and 
the survey and plat of the same shall be filed and recorded as in 
other cases, and said road shall be opened in the manner here¬ 
inbefore provided for. (Id., sec. 9.) 

65. Compensation for employment in laying out roads. 
That all persons required to render services under this act 
shall receive compensation for each day they shall necessarily 
be employed as follows, to wit: On part of the board of county 
commissioners while acting in this capacity, three dollars each 
and their actual expense in going to and returning from such 
view; viewers, three dollars each; chain-carriers and markers, 
two dollars each; to be charged as costs and expenses, and paid 
as other costs and expenses, on order of the commissioners; 
provided, that the surveyor shall be paid for his services in 
the manner prescribed by law. (Id., sec. 10.) 

66. County engineer to open roads; notice to owners. That 
it shall be the duty of each and every county engineer to open 
or cause to be opened all state and county roads and of each 
and every township trustee to open or cause to be opened all 
mail routes and township roads which have been or may here¬ 
after be laid out or established through any part of the re¬ 
spective county or township, first giving notice to the owner 
or owners, or their agent or agents, if residing in the county, 
or, if such owner be a minor, idiot, or insane person, then to 
the guardian of such person, if a resident of the county, 
through whose inclosed or cultivated lands such road is laid 
out or established, notifying such owners aforesaid to open 
said road through their lands within ninety days after service 
of such notice; and if the person or persons so notified do not 
open such road within the time named in such notice, it shall 
be lawful and it is hereby made the duty of such county 
engineer on state and county roads and of such trustee on 
township roads and mail route roads to respectively enter 
upon said lands and open said roads; provided, if such notice 
be given between the first day of March and the first day of 
October, the notice shall designate the first day of January 
next as the time of opening such road. And the county 
engineer or township trustee respectively shall keep the same 
in repair, and remove or cause to be removed all obstructions 
that may be found therein; for which purpose the township 
trustee and the county engineer, are hereby authorized to 
enter upon any land near or adjoining such public road, to dig 
and carry away any gravel, sand, stone, clay, gypsum or any 
other road building material and to purchase any timber which 
may be necessary to improve or repair said road, and to enter 
upon any land adjoining or lying near to said road, to make 
such drains or ditches through the same as the county engineer 
or township trustee may deem necessary for the benefit of the 


38 


Kansas Road and Bridge Laics. 


roads, doing as little damage to said lands as the nature of the 
case and the public good will permit; and the drains and 
ditches thus made shall be kept open if necessary by the town¬ 
ship trustee or county engineer and shall not be obstructed by 
the owner or occupants of said land or by any other person, 
under the penalty of being fined not exceeding ten dollars for 
each offense, before any justice of the peace in the county. 
The owner of any gravel, sand, stone, clay, gypsum or any 
other road building material so taken, or the owner of the land 
through which ditches or drains may be made, as herein pro¬ 
vided, or the owner of the crops thereon, shall be allowed a fair 
and reasonable compensation for the material so taken or for 
any injuries his lands or crops may sustain in consequence of 
the making of said drains or ditches; the amount of such com¬ 
pensation to be determined, allowed and paid by the highway 
commissioners in event such material is used upon a mail route 
or a township road, and determined, allowed and paid by the 
board of county commissioners of the county when such ma¬ 
terial is used upon a county or state road. Such claims shall 
be allowed and paid in the same manner as other ordinary 
claims against the county or township and the claimant shall 
have the same right of appeal as is now provided by law in 
other cases. (Id., sec. 11.) 

67. Width of roads. That the width of all county roads 
shall be determined by the viewers at the time of establishing 
the same, and shall not be more than sixty nor less than forty 
feet; provided, that in cases where a growing hedge or other 
permanent improvement, the removal of which would cause 
too great an expense, the viewers may determine the width of 
the road at not less than thirty feet; and in cases where a 
growing hedge or permanent improvement on or near one 
side of the proposed road precludes the road being laid equally 
on both sides of the line, the viewers may establish all or any 
part of said road on the side of the section line not incumbered 
by such improvement. (Id., sec. 12.) 

68. Outlet road where premises surrounded. That when¬ 
ever the premises of any person in this state shall be so com¬ 
pletely surrounded by adjoining lands, the property of other 
persons, as to be without access to any public highway, then 
such person may petition the board of county commissioners of 
the county in which such premises lie for a road, and one road 
only, through some portion of the adjoining lands, and the 
board, on presentation of such petition, shall proceed in ac¬ 
cordance with the provisions of the section of the act to which 
this is amendatory to lay out such road, make returns of plats, 
and allow damages, if any should be held or allowed; provided, 
said road shall not exceed twenty-five feet in width and be 
laid out upon the quarter or quarter-quarter section lines when 
practicable. And the said road when so ordered by the board 


Kansas Road and Bridge Laws. 


39 


of county commissioners shall be platted and recorded in the 
office of the register of deeds and shall become a public way 
under the same restrictions as other roads; and provided fur¬ 
ther, that the owner or owners, their grantees, successors or 
assigns, of the land specially benefited by the establishment of 
such public road, shall forthwith pay all expenses of establish¬ 
ing said road, including all damages, if any should be held or 
allowed and thereafter forever maintain and keep the same in 
repair and without any expense or liability to the township or 
other municipality in which such road is so laid out and estab¬ 
lished. (L. 1915, Ch. 291, sec. 1.) 

69. Avenues and streets in unincorporated towns declared 
highways. That all avenues, streets and alleys in unincor¬ 
porated cities which are or may hereafter be laid out agree¬ 
ably to law shall be and the same are hereby declared public 
highways; provided, that the municipal authorities of any in¬ 
corporated city may make, ordain and enforce such ordinances 
concerning the sidewalks of the streets of such city as shall be 
deemed necessary to prevent such sidewalks from being used 
for the passage of horses, wagons or carriages, or hitching 
horses or other animals thereon. (L. 1911, ch. 248, sec. 14.) 

70. Incorporated cities declared road districts. That each 
incorporated city of the second and third class shall constitute 
a separate road district, and the corporate authorities of such 
corporation shall have the power to appoint a street commis¬ 
sioner for such corporation, fix his term of office and compensa¬ 
tion, and remove him from office for any misconduct, and shall 
require him to give bond with good security to the proper cor¬ 
poration for the faithful discharge of his duties, and for the 
safekeeping and proper use of any money that may come into 
his hands, and to disburse the same in the manner directed by 
the corporation; and such street commissioner shall do and per¬ 
form all the duties in the same manner and under the same in¬ 
structions and limitations as are provided for the government 
of township trustees in this act, except as herein otherwise pro¬ 
vided ; and the said corporate authorities of any such city are 
authorized and empowered to use the road tax provided for in 
this act in paving, macadamizing or grading the streets and 
alleys in such city in any manner provided by ordinance or 
resolution of any such corporation; provided, such tax shall be 
applied first to the most public streets and macadamized or 
graded, and any such city shall have the power to pass any by¬ 
law or ordinance necessary to carry out fully the provisions of 
this act. (Id., sec. 15.) 

71. Impeded road on municipal line. That where a road is 
located on a county or municipal township or city line, and by 
reason of any impediment either natural or otherwise any por¬ 
tion of such road suffers a deflection from such line not exceed¬ 
ing forty rods parallel distance, then for the purpose of im- 


40 Kansas Road and Bridge Laws. 

pfovement such road shall be deemed to be wholly on such line. 
All expenses, either in money, material or labor, arising from 
the improvement of any portion of such road, shall be borne 
jointly by the counties or townships contiguous thereto, as the 
case may be. (Id., sec. 16.) 

72. Reestablishment of road where record destroyed. In 
all cases where any of the road records of any county have 
been destroyed, and by reason of such destruction it is impos¬ 
sible to prove in court all the facts showing the regularity of 
the proceedings for the establishment of any such road, the 
introduction in evidence of any map, plat, atlas or diagram 
showing such road shall be prima facie evidence of the regu¬ 
larity of all the proceedings for the establishment of said road 
and of the opening of same and the declaring of the same to 
be a public highway by the board of county commissioners, 
upon proof that said map, plat, atlas or diagram was made 
prior to the destruction of said road records, or that the map, 
plat, atlas or diagram offered in evidence is a true and cor¬ 
rect copy of one made prior to the destruction of said records. 
And the certificate of the county clerk under the seal of the 
county affixed to said map, plat, atlas or diagram, certifying 
the fact that said map, plat, atlas or diagram was made prior 
to the destruction of said road records, shall be taken as 
prima facie evidence of the time when the same was made. 
Said map, plat, atlas or diagram so certified shall become and 
be one of the records of the office of the county engineer of such 
county. (Id., sec. 17.) 

73. Classification of roads. That the roads of every county 
in the state shall be classified according to their relative im¬ 
portance as “state roads,” “county roads,” “mail routes,” and 
“township roads.” The “state roads” shall be all roads laid 
out and defined by the state of -Kansas. The “county roads” 
shall be all roads designated as such by the board of county 
commissioners of a county, who shall, as near as practicable, 
name as such county roads direct highways connecting cities 
and market centers whether both such cities or centers are 
'within the county, or one is within and the other without such 

, county. Free delivery mail routes shall be known as “mail 
routes,” and all other public highways within a township are 
‘Township roads.” All county and state roads shall be main¬ 
tained at the expense of the county, and all mail routes and 
township roads where they do not coincide with county and 
state roads at the expense of the township in which they are 
situated; provided, that all roads designated as county roads 
under the provisions of chapter 198 of the Session Laws of 
1909 and established as such at the time of taking effect of this 
act shall be and remain county roads and shall be maintained 
under the provisions of this act. (Id., sec. 18.) 


Kansas Road and Bridge Laws. 


41 


74. Board of commissioners of highways in townships. 

That the township trustee, clerk and treasurer of each munici¬ 
pal township in this state shall constitute a board of commis¬ 
sioners of highways and township auditing board for their 
respective townships. All mail routes and township roads 
shall be under the control of said board of commissioners of 
highways. The township board shall appoint one or more 
road overseers for all mail routes and township roads in his 
township and such overseers shall receive a salary of two dol¬ 
lars and fifty cents per day for each day's actual service for as 
many days each year as said highway commissioners and 
county engineer may direct; provided, that no member of the 
township board shall be appointed or employed as a road over¬ 
seer for any part of the township in which he serves. (L. 1915, 
ch. 290, sec. 1.) 

75. Chairman and clerk. That the township trustee shall 
be the chairman, and the township clerk shall be the clerk of 
the highway commissioners. (L. 1911, ch. 248, sec. 20.) 

76. Regular meetings. That the highway commissioners 
shall hold regular meetings at the office of the township clerk 
on the second Saturday after the election of the township 
officers and on the last Saturday of January, April, July and 
October in each year, and special meetings as occasion may 
require, at the call of the chairman or any two of the com¬ 
missioners ; and no official business shall be transacted except 
at a regular meeting or at a special meeting of which all the 
commissioners shall have had notice. (Id., sec. 21.) 

77. Records of board. That the clerk of said board shall 
keep a record of all the official acts and proceedings of the 
board, in a well bound book, to be provided by the township 
for that purpose, which record shall be signed by the chairman 
and clerk. (Id., sec. 22.) 

78. Powers and duties of commissioners. That the high¬ 
way commissioners shall have charge of the mail routes', town¬ 
ship roads and township bridges of their respective townships, 
and it shall be their duty to keep the same in repair, and to im¬ 
prove them so far as practicable. The work on roads shall be 
done timely, and in accordance with the best known methods 
of road-making—by proper grading and thorough drainage by 
tile or otherwise, as may be expedient, or by the application of 
gravel, rock or other material. The highway commissioners 
may employ a superintendent, outside their own body, to exe¬ 
cute their orders and superintend contracts entered into by 
them, and they may let contracts and employ laborers, or they 
may entrust the same to the control of the county engineer; 
provided, that no contract the estimate cost of which is in ex¬ 
cess of one hundred dollars shall be let under the provisions of 
this act except to the lowest responsible bidder nor until at 


42 


Kansas Road and Bridge Laws . 


least ten days have elapsed after a publication once in a news¬ 
paper which shall have had a general circulation in the county 
for a period of at least twelve months preceding the time of 
such publication; provided further, that in no case shall the 
contract price exceed the estimate furnished by the highway 
commissioners; and that the sum total of the cost of outstand¬ 
ing contracts shall not exceed the amount raised by the tax levy 
authorized by law. (Id., sec. 23.) 

79. Personal interest of officers prohibited. That in letting 
contracts, employing labor or in purchasing tools, machinery 
or materials, the highway commissioners shall not have, di¬ 
rectly or indirectly, any personal pecuniary interest in con¬ 
nection therewith, except the interest of the township trustee 
in acting as road overseer under the provisions of this act; 
provided, that any person to whom any contract may hereafter 
be awarded shall file a bond with sureties approved by the high¬ 
way commissioners in a penal sum equal to the amount at 
which the contract is let to said contractor, and that said con¬ 
tractor shall be paid upon estimates made from time to time as 
the work progresses and approved by the township trustee in 
a sum equal to seventy-five per cent of such estimates. The 
remaining twenty-five per cent to be retained in the township 
treasury until the work is finally completed and accepted. (Id., 
sec. 24.) 

80. Compensation of commissioners. That the highway 
commissioners shall each receive for his services, the sum of 
two dollars per day for the time actually and necessarily spent 
by him in attending meetings of such highway commissioners. 
(Id., sec. 25.) 

81. Reports of commissioners. That the township trustees 
shall make full itemized and sworn reports in duplicate, one 
copy of which shall be given to the highway commissioners and 
one to the county engineer, which report shall be made on the 
last Monday in April and October of each year, reporting all 
work done by them, days worked, giving dates of same, of all 
moneys expended by them, how expended, and all information 
said highway commissioners or county engineer may require; 
provided, that no township trustee shall incur any obligation 
not authorized by said highway commissioner. (Id., sec. 26.) 

82. County engineer. That in all counties of the state, if in 
the judgment of the board of county commissioners the county 
surveyor be competent to superintend the county and state 
roads, such county surveyor may be the county engineer of 
public highways and bridges; but, if the board of county com¬ 
missioners shall deem the county surveyor incompetent for 
such work, they may appoint some person other than the county 
surveyor, county engineer of public highways and bridges. The 
county engineer shall have general supervision of all the 


Kansas Road and Bridge Lams. 


43 


county roads and bridge work in the county under the authority 
of the board of county commissioners, and of all mail routes 
and township roads under the direction of the township trustee 
and the highway commissioners in the various townships of 
the county. (Id., sec. 27.) 

83. Duties of highway engineer. That it shall be the duty 
of the county engineer to be at his office at the county seat at 
least one day in each week, to be designated by him, and at 
such other times as the duties of his office shall require. He 
shall consult with the township trustee and the highway com¬ 
missioners of the townships of the county and shall direct the 
manner of carrying on the repairs and improvements of the 
roads, and shall give instructions to officials as to the best 
methods and plans to be followed in making road repairs or 
improvements, having regard particularly to instructions in 
reference to the use of the road-drag and the times at which 
such drag shall be used. He shall keep himself informed by 
actual view of the work to be done upon the roads in his 
county, and shall make and deliver to the township trustees 
outline plans for such work, having special regard to the 
grading and drainage of the same. He shall study the condi¬ 
tions as to the character of the soil and topography of the land 
in the several townships of his county, and give directions to 
the officers having the direct supervision of the repairs and 
improvements of the highways in such townships as to the 
best methods to be followed in the construction and improve¬ 
ment of the roads. He shall collect information concerning 
the various deposits of stone, shale, clay, gravel, sand, and 
other road building materials, and shall investigate proper and 
most approved methods of using the same. He shall make 
maps of roads and highways in the different townships, and 
where there are no other records or the records are incomplete 
shall make maps and plats and file in his office, which when 
passed on and adopted by the board of county commissioners 
shall be the records of such road where there are no other 
records, and shall be additional and supplemental to the road 
records when the same are incomplete or imperfect. He shall 
have charge, under the authority of the board of county com¬ 
missioners of the county, of the bridge work of the county, 
and if competent shall make the profile plans and specifications 
therefor and do all engineering work in connection therewith; 
provided, that whenever the county engineer or board of county 
commissioners of any county may desire the advice and scien¬ 
tific knowledge of the state engineer of roads and highways at 
the State Agricultural College at Manhattan, Kan., in relation 
to road building materials and their use, grading and draining 
roads, plans and specifications for bridges, culverts, Concrete 
and metal construction and the best methods for caring for 
roads and highways, they may command such services; and it 


44 


Kansas Road and Bridge Laws. 


is hereby made the duty of the state engineer and the State 
Agricultural College at Manhattan, Kan., to furnish all such 
advice and scientific knowledge without charge and expense 
to the county engineer or to the board of commissioners re¬ 
quiring the same, or to the county they represent. (Id., sec. 
28.) 

84. Compensation of county engineer. That the county 
engineer shall receive from the county as and for his fees for 
the services performed under the provisions of this act, the 
sum of four dollars per day for the time actually and necessa¬ 
rily employed in performing such services, which shall include 
the time employed in going from his office to and in returning 
from the place at which any work which he is required to do is 
to be performed, and for such other engineering work as he 
may be called upon by the board of county commissioners to do, 
and he shall receive for each plat, map, survey or report of 
survey the same fees that are now paid under the law to the 
county surveyor, but such fees and per diem shall not in any 
one year exceed the following amounts: In counties having a 
population of 

Per annum. 


Less than 5,000, the sum of .... . $400 

More than 5,000 and not more than 10,000. 500 

More than 10.000 and not more than 15,000. 600 

More than 15.000 and not more than 20.000. 700 

More than 20.000 and not more than 25,000. 800 

More than 25,000 and not more than 30,000. 1,000 

More than 30,000 . 1,200 


Provided, that in cases where the county surveyor shall be 
appointed county engineer, he shall not receive fees as both 
such county surveyor and county engineer for the same day’s 
work; provided, that in all counties of more than 50,000 popu¬ 
lation where the county surveyor is appointed the county en¬ 
gineer he shall not receive for his services as county engineer 
more than he would receive as such county surveyor, in a sum 
not more than six hundred dollars. The county engineer shall 
receive in addition to the fees above provided for, his actual 
and necessary expenses when performing his duties outside 
the county seat made necessary by the provisions of this act. 
(L. 1915, ch. 226, sec. K) 

85. Determination when work shall be done. That the 
county engineer and highway commissioners shall determine 
where and when the road work shall be done upon all mail 
routes and township roads, and the board of county commis¬ 
sioners and the county engineer shall perform the same service 
in regard to state and county roads. (L. 1911, ch. 248, sec. 30.) 

86. Dragging roads. The highway commissioners shall de¬ 
termine what roads can be dragged and shall each year ar¬ 
range with some person or persons to drag the graded roads 
in their township, at such times and upon such terms as the 









Kansas Road and Bridge Laws. 


45 


highway commissioners may direct. They shall have the 
power to bind the township to pay a reasonable compensation 
for dragging such roads, but the amount paid shall not exceed 
$1.00 per mile each time dragged, provided, the width to be 
dragged shall not be less than sixteen feet, and if the width 
to be dragged shall not be less than thirty feet, the amount 
paid shall not exceed $1.50 per mile for each time the same 
shall be dragged, and there shall not be expended therefor 
more than fifteen dollars per mile for any one mile upon which 
work is done during any year. That the county engineers or 
surveyors with the approval of the board of county commis¬ 
sioners shall determine what state and county roads can be 
dragged and shall each year arrange with some person or per¬ 
sons to drag the state and county roads within the county at 
such times and upon such terms as the board of county com¬ 
missioners and county engineer or surveyor may direct. The 
board of county commissioners shall pay a reasonable compen¬ 
sation for dragging such roads, but in no case shall the amount 
paid exceed that specified for the dragging of mail routes and 
township roads; provided, that all labor performed upon the 
roads either for dragging or for other purposes authorized by 
this act, except under contract upon which estimates are made 
from time to time, shall be paid by the county treasurer upon 
the voucher of the township trustee approved by the county 
commissioners in the case of mail routes and township roads; 
provided further, that any person employed to drag any road 
in a county or township, who shall make a false return to the 
proper officer of the number of miles dragged by him, or of 
the time at which such dragging was done, shall be deemed 
guilty of a misdemeanor and upon conviction thereof before 
a court of competent jurisdiction shall be fined in a sum not 
less than twenty-five dollars, nor more than fifty dollars; pro¬ 
vided further, that any officer under the authority of this sec¬ 
tion who shall neglect or refuse to enforce the provisions of 
this section as relates to the dragging of roads or highways 
shall be deemed guilty of a misdemeanor and upon conviction 
shall be fined in any sum not less than ten dollars nor more 
than twenty-five dollars. (L. 1913, ch. 263, sec. 1.) 

87. Taxation; collection and disbursement. That taxes as¬ 
sessed for the purpose of constructing and maintaining public 
roads and highways shall be paid in cash and collected as pro¬ 
vided for in relation to other taxes. When so collected the 
county treasurer shall pay that proportion of the same which 
is to be used upon mail routes and township roads or upon 
city streets to the treasurer of the township or city from which 
said taxes are collected, to be used exclusively for such road 
purposes. (L. 1911, ch. 248, sec. 32.) 

88. Levy of road tax. The county commissioners of each 
county may, at the time prescribed by law for levying county 


46 Kansas Road and Bridge Laws. 

taxes, levy a road tax for county and state roads and bridges 
of not more than one mill on the dollar on all taxable property 
in their respective counties and the same shall be collected as 
are other taxes, and when collected shall be expended upon the 
building, repair, maintenance and improvement of the state 
and county roads of such county by and under the direction 
of the county commissioners and the approval of the county 
engineer; provided, that if a majority of the electors voting 
at an election called for that purpose in such county shall vote 
to increase the tax levy herein, such board of county commis¬ 
sioners shall levy a tax for road purposes not to exceed three 
mills for such road purposes; provided, that the boards of 
county commissioners shall, within the limit prescribed of one 
mill on the dollar, keep all state and county roads within 
their respective counties in first class condition. (Id., sec. 33.) 

89. Township levy. That for the purpose of carrying out 
the provisions of this act the highway commissioners shall 
recommend to the county commissioners of each county in this 
state, on or before the first day of August of each year, a levy 
of not more than three mills on the dollar on all the property 
in such township, and it shall be the duty of the county clerk 
to place such levy on the tax rolls of said county; provided, 
that at least seventy-five per cent of all moneys collected under 
the provisions of this section for road purposes from the tax¬ 
able property in each township, shall be used to improve the 
rural route and township roads within such township. And 
it shall be the duty of the township trustee, highway commis¬ 
sioners and county engineer to see that this provision is com¬ 
plied with and that this percentage of the moneys collected 
shall be used, as nearly as practicable, upon such roads in the 
neighborhood of the property from which tax is raised; pro¬ 
vided, that wherever there are in the township, railroads or 
factories valued at not less than fifty thousand dollars, that the 
taxes derived from said railroad and factories for road pur¬ 
poses, shall be paid into the general fund of the township to 
be used for the benefit of the whole township without special 
reference to the location of said railroad or factory or fac¬ 
tories; provided further, that the highway commissioners of 
any township in this state which has outstanding at the time 
this law goes into effect, unpaid warrants issued for the im¬ 
provement of roads, may discharge, and are hereby authorized 
so to do if they deem best the indebtedness represented by such 
warrants out of the tax raised under the provisions of this 
section. (Id., sec. 34.) 

90. Township road funds. That the township treasurers 
shall receive from the county treasurers their proportion of 
the road taxes under the provisions of this act, and the same, 
under the direction of the highway commissioners shall be 


Kansas Road and Bridge Laws. 47 

appropriated to the building of bridges and the repairing of 
roads within the respective townships, and the purchase of the 
requisite number of tools and sufficient machinery for the con¬ 
struction and repairing of roads. (Id., sec. 35.) 

91. Poll tax; notice. That all male persons between twenty- 
one and fifty years of age who have resided thirty days in this 
state and who are not a public charge shall be liable each year 
to pay the sum of three dollars to the township trustee or to 
the proper officer of the city in which such person lives, who 
shall receipt for the same and account therefor to the treasurer 
of the township or city and the same shall be expended on the 
public roads within the township or city in which such per¬ 
sons live. And all moneys so received by such treasurer shall 
be paid to the township trustee or proper officer of the city in 
which the person lives, to be expended as above provided. Any 
city having a volunteer fire department may have the privilege 
of exempting the members of such department from paying 
the tax imposed by this section; provided, that if any such 
person shall fail to pay such tax within thirty days after the 
receipt of a notice from the township trustee, or the proper 
officer of the city, that said tax is due, the person so failing 
shall upon conviction thereof be adjudged guilty of a misde¬ 
meanor and fined in the sum of five dollars. And it is hereby 
made the duty of the township trustee or proper officer of 
the city to give such notice to every such person on or before 
the first day of September of each year; provided, that nothing 
herein contained shall be construed to prevent the township 
trustee from giving the person who pays such tax the pref¬ 
erence by employing him to labor upon the highway, to the 
extent of at least three dollars annually, if such person is will¬ 
ing to so labor at a daily wage for himself of one dollar and 
fifty cents and for himself and team of three dollars, at such 
times and upon such portion of the road as the township 
trustee may direct. (Id., sec. 36.) 

92. Guide-boards and signposts. That each township 
trustee within his township shall erect and keep up at the 
expense of the township, posts and guide-boards at the forks 
of every state and county road, containing an inscription in 
legible letters, directing the way and naming the distance to 
such cities as are situated on said road; and any township 
trustee failing so to do in a reasonable time, not to exceed six 
months, [shall upon conviction thereof before any justice ol 
the] peace, of the proper county be fined in any sum not 
exceeding five dollars, with costs of suit; and such fine when 
collected shall be paid into the county treasury for school pur¬ 
poses. (Id., sec. 37.) 

93. Gates across public roads. That the county commis¬ 
sioners of any county are empowered, where lands are used 


48 Kansas Road and Bridge Laws. 

largely as pasture lands, whenever in their judgment the con¬ 
venience of the traveling public will not be materially affected 
thereby, to authorize the construction and maintenance of gates 
across public roads and highways in part of such counties for 
the use and convenience of the public. Such gates shall be 
either gates swinging on hinges or gates that may be opened 
by the driver of a vehicle without alighting therefrom or the 
ordinary wire gate as the county commissioners may require. 
If a swinging gate, then the owner of the land shall be required 
to place a hitching post on each side of such gate at a sufficient 
distance from such gate so that the driver alighting from the 
vehicle may hitch while opening or closing such gate. The 
order herein authorized shall be entered on the journal of the 
board of county commissioners; the said board of commis¬ 
sioners may, in its discretion, order and direct that such gate 
or gates shall remain open during certain portions of the 
year,, the time to be fixed by said board, or in its discretion 
and where there is a reasonable necessity therefor, and the 
convenience of the traveling public would not be materially 
affected thereby, it may order such gate or gates to be kept 
closed during the entire year. (L. 1915, ch. 289, sec. 1.) 

94. Leaving gates open. That any person who shall injure 
or destroy, at any time, or who shall leave open any gate con¬ 
structed under the provisions of section 38 of this act, contrary 
to the intent and purpose of said order, and at a time when by 
the terms of said order such gate or gates are to remain closed, 
shall be guilty of a misdemeanor and on conviction thereof, 
shall be fined in a sum not exceeding $100.00 and costs of 
prosecution. (Id., sec. 2.) 

95. Removing weeds and obstructions. That it shall be the 
duty of the township trustee of the several townships of this 
state to remove or cause to be removed all obstructions and 
incumbrances such a brush, hedge trimmings, rock and debris, 
of whatever character, and at least once each year, at such 
times as the county commissioners may direct between the 1st 
day of July and the 15th day of August, from all the public 
roads and highways within his township, remove or cause to 
be removed all cockle-burrs, Rocky Mountain sand-burrs, bur¬ 
docks, sunflower, Canada thistles, Johnson grass and such 
other obnoxious weeds as may be injurious to the best interests 
of the farming community, and he shall charge to and collect 
from the county all work done by him under the provisions of 
this section upon county and state roads, and the county com¬ 
missioners shall allow and pay the same as in other claims for 
service rendered the county. Any township trustee failing or 
refusing to enforce the provisions of this section shall upon 
conviction be fined not less than twenty-five dollars and not 
more than one hundred dollars. (L. 1911, ch. 248 sec 40 ) 


Kansas Road and Bridge Laws. 


49 


96. Trustee keep road open. That if at any time any high¬ 
way shall be obstructed or become impassable, or any bridge 
shall be impaired so as to be unsafe, it shall be the duty of the 
township trustee of the township in which such obstruction, 
impassable road or impaired bridge may be situated, to cause 
such obstruction to be removed or such road or bridge to be 
repaired forthwith. (Id., sec. 41.) 

97. Ditches. That no township trustee in this state shall 
make or cause to be made any ditch more than two feet deep 
without the consent and approval of the county engineer; and 
in any case where a ditch one foot deep or more shall be made 
in front of any residence property, the township trustee shall 
construct and maintain a bridge or culvert at the usual en¬ 
trance connecting said residence property with the public high¬ 
way, so as to make a good and substantial crossing over any 
ditch so made. (Id., sec. 42.) 

98. Trustee maintain high-water mark. That each town¬ 
ship trustee within his township shall erect and maintain, at 
the expense of the township, posts or boards at the fords of 
every river or creek that in high water becomes impassable, 
which posts shall be set at or near low-water mark, on which 
shall be inscribed in legible letters, or plain figures, the depth 
of water at low water, together with a scale of feet showing 
the number of feet above low-water mark to the height to 
which said stream is known to have ever risen. (Id., sec. 43.) 

99. Notice on bridge. That it shall be the duty of the town¬ 
ship trustee of the several townships in each county of this 
state to cause to be put up and kept in good repair at each end 
of each and every bridge erected by the county or township 
upon any highway in their respective townships, of a span of 
not less than twenty-five feet, a notice which shall be printed 
in conspicuous letters, with the following words: “Five dol¬ 
lars fine for riding or driving over this bridge faster than a 
walk, or for driving an automobile faster than ten miles an 
hour.” (Id., sec. 44.) 

100. Engines crossing bridges; planks to be used. That all 
persons owning, controlling, operating or managing steam or 
gasoline threshing-machines, saw-mills, traction engines or 
transfer wagons or vehicles of any kind used for the trans¬ 
portation or distribution of oil or other merchandise or com¬ 
modity and moving the same over the public highway are re¬ 
quired to lay down planks not less than one foot wide, three 
inches in thickness, and of sufficient length, on the floor of all 
bridges and culverts situated on the public highway, while 
crossing the same, for the wheels of said engine of any kind to 
run on while crossing such bridge or culvert; provided, that 
this section shall not apply to any machine or engine not ex¬ 
ceeding three tons in weight; provided further, that no person, 


—4 


50 


Kansas Road and Bridge Laics. 


firm or corporation seeking to recover damages against any 
city, township or county under the provisions of this section, 
shall secure a judgment therein, unless the jury shall find that 
such person, firm or corporation had before receiving the in¬ 
jury complained of, complied with the provisions of this sec¬ 
tion. (Id., sec. 45.) 

101. Steam engines on road. That all persons owning, con¬ 
trolling, operating or managing steam traction engines of any 
kind, in moving the same along the public highways are re¬ 
quired on meeting any person or persons in vehicles of any 
kind drawn by horses, mules or other animals, to turn to the 
right, giving as much of the public highway as possible, and 
then shut off the steam and come to a halt at the distance of 
one hundred yards from the person or persons so met, and to 
remain with the steam down and halted until said person or 
persons shall have passed at a distance of one hundred yards 
from the place of halting on said highway; provided, that 
nothing in this section shall prevent any one operating such 
engine drawing the same by team or teams without making 
the halt or halts above referred to. (Id., sec. 46.) 

102. Misdemeanor. That any person or persons violating 
the provisions of sections 45 and 46 shall be deemed guilty of 
a misdemeanor, and shall upon conviction thereof be fined in a 
sum of not less than five dollars nor more than two hundred 
dollars for each offense. (Id., sec. 47.) 

103. Live stock crossing bridge. That it shall be unlawful 
for any person or persons to ride or drive any horse, mule, 
ass or ox over any such bridge in this state faster than a walk, 
or drive more than fifty head of cattle on such bridge at one 
time; and any person who shall so unlawfully ride or drive 
such horse, mule, ass or ox over such bridge, or drive over the 
same more than fifty head of cattle at any one time, upon con¬ 
viction thereof shall pay a fine of five dollars and cost of suit, 
(Id., sec. 48.) 

104. Plowing up highways. That it shall be unlawful for 
any person or persons to hereafter plow up the public high¬ 
ways for the purpose of scouring plows, or for any other pur¬ 
pose, except it be for the improvement or maintenance of the 
highways under the direction of the township trustee or to 
remove from any public highway any dirt, sand, rock or 
gravel; and any person or persons violating the provisions of 
this section shall be guilty of a misdemeanor, and upon convic¬ 
tion before any court having competent jurisdiction shall be 
fined for each and every offense under this act in a sum not 
exceeding ten dollars nor less than three dollars, with costs 
of suit. (Id., sec. 49.) 

105. Sidewalk along highway. That it shall be lawful for 
the owner of any real estate located within one mile of the 


Kansas Road and Bridge Laws. 


51 


corporate limits of any city or town, and said real estate abut¬ 
ting upon any public highway, to establish, maintain and use 
a foot-path or sidewalk six feet in width in and along the outer 
edge of said highway and immediately adjoining said prem¬ 
ises. Said owner may set a post or posts not less than four 
feet in height in said highway, and not more than six feet from 
the outer edge thereof, to designate the limits of said path or 
walk; said posts to be set not to exceed fifty feet apart, and 
such post or posts shall be sufficient notice of the intention of 
such owner to establish and maintain such path or walk, and 
such post or posts shall not be deemed an obstruction of, in or 
to such highway. (Id., sec. 50.) 

106. Damaging sidewalk misdemeanor. That any person 
removing or intentionally injuring any such post or posts, or 
who shall ride or drive over any portion of said path or walk 
so reserved, shall upon conviction thereof be deemed guilty of 
a misdemeanor, and shall be punished by a fine not to exceed 
twenty-five dollars. (Id., sec. 51.) 

107. Damaging markers or drains; punishment. That if 
any person shall willfully demolish, throw down, alter or de¬ 
face any milestone or guideboard on or at the forks of any 
roads, or shall willfully obstruct any such road drain or drains, 
by any means or in any manner whatever, every person so 
offending shall on conviction be adjudged guilty of a misde¬ 
meanor, and be punished by imprisonment in the county jail 
not exceeding three months, or by fine of not less than twenty 
nor more than one hundred dollars, or by both such fine and 
imprisonment, which fine shall be paid by the officer receiving 
the same into the county treasury for school purposes, and 
every person obstructing any such road as aforesaid shall also 
be liable in a civil action for all damages sustained by any per¬ 
son who has in any manner whatever been damaged by reason 
of such obstruction. (Id., sec. 52.) 

108. Special acts not repealed. That no provisions of this 
act shall be construed to repeal or supersede any special act 
now in force in any county in this state. (Id., sec. 53.) 

109. County engineer; duties defined. That any county in 
this state operating under a special act and which already has 
a county engineer or road commissioner, said engineer or com¬ 
missioner shall perform all of the duties prescribed in this act 
together with his duties as set forth in such special act, but 
shall not be entitled to the compensation provided in this act, 
but his salary shall be regulated in compliance with such 
special act. (Id., sec. 54.) 

Improvement of County Roads. 

110. Petition for improvement of road. Wherever sixty per 
cent of the landowners along the lines of any regularly laid 
out road, who shall own at least fifty per cent of the land to be 


52 


Kansas Road and Bridge Laws. 


taxed, within such distance as shall be stated in the petition 
hereinafter referred to, or on each side thereof, or within a 
radius of the distance prescribed in such petition on each side 
of such road, from any point thereof, and between the terminal 
points mentioned in such petition, shall petition the board of 
county commissioners of the county in which such road is 
located for the improvement of such road, or any part thereof, 
said county commissioners shall cause said road or part of 
road thereof to be improved as prayed for in said petition and 
as hereafter provided; provided, however, that before such 
improvements as prayed for in such petition are ordered by 
the county commissioners they shall, by order of the board, find 
and declare it to be of public utility. (Sec. 7359, G. S. 1909.) 

111. Contents of petition. Such petition shall state: First, 
the name of the road which or any part of which is to be im¬ 
proved ; second-, the points between which said improvements 
are to be made; third, the kind of improvements prayed for ; 
fourth, the number of annual assessments to be made in pay¬ 
ment thereof, not exceeding ten. (Sec. 7360, G. S. 1909.) 

112. Survey and estimate. Upon the filing of such petition 
the said county board shall cause an accurate survey of such 
road, or any part thereof, to be made by the county surveyor, 
or by some surveyor or engineer to be employed by them for 
that purpose, and a careful estimate of the cost of such im¬ 
provement, with profile and specifications thereof, together 
with a map showing the several tracts of land within such dis¬ 
tance as shall be stated in the petition, and cause the same to be 
filed in the office of the county clerk of the county. (Sec. 7361, 
G. S. 1909.) 

113. Contracts for work. The county commissioners shall 
take charge of and conduct the improvement of such road in 
conformity with the profile and specifications so filed as afore¬ 
said, and shall be authorized and empowered to make contracts 
for doing the work required in making such improvements, 
and in payment for any work so done or for any material fur¬ 
nished for the same said commissioners shall issue special-im¬ 
provement bonds, payable within the time or times mentioned 
in the petition of such road, bearing interest at the rate of six 
per cent or less per annum. Such contracts shall be let in all 
cases to the lowest responsible bidder, the county commission¬ 
ers reserving the right to reject any or all bids. Each bidder 
must accompany his bid with a certified check for one thousand 
dollars, payable to chairman of the board of county commis¬ 
sioners as a guarantee that if said work is awarded him he will 
enter into a contract with said board of county commissioners 
for the same; and if such bidder so awarded such contract shall 
fail to enter into or fulfill the same, the said one thousand dol¬ 
lars so deposited as aforesaid shall become and be the property 
of said county as its liquidated damages in the premises, and 


Kansas Road and Bridge Laws. 


53 


same shall become a portion of the general revenue fund of the 
county. Notice shall be published for one month previous to 
letting said contracts, in the official county paper. Each con¬ 
tractor shall give a bond in double the amount of the contract 
price, securing to the county in which such work is done the 
faithful performance of such contracts; provided, that no such 
commissioner or employee of county shall be in any wise in¬ 
terested in such contract or work done thereunder. (Sec. 7362, 
G. S. 1909.) 

114. Record; superintendent. The said county commis¬ 
sioners shall keep and file with the county clerk a complete rec¬ 
ord of their proceedings hereunder, and shall appoint a quali¬ 
fied person as superintendent to oversee and direct the work 
done hereunder, who shall receive as compensation therefor a 
sum not exceeding three dollars per day for the time actually 
employed in overseeing such work, such claim or account to be 
presented, duly verified under oath, as other claims against the 
county, and shall be paid from the general fund of the county. 
(Sec. 7363, G. S. 1909.) 

115. Apportionment of cost. Upon the completion of any 
improvement hereunder, said county commissioners shall meet 
at the office of the county clerk and apportion three-fourths of 
the costs of said road among the several tracts of land, des¬ 
ignated in the map, filed as aforesaid, according to the bene¬ 
fits accruing to the real property and improvements within the 
limits shown by said map. In making such apportionment of 
cost the commissioners shall give credit thereon for damages 
occasioned to the property through which said improvements 
are made; the remaining one-fourth of such cost shall be 
charged to the township, or townships in which such road im¬ 
provements are made, which shall be raised in the manner 
now provided by law, for raising taxes for all township pur¬ 
poses. When said appraisement is returned, the county com¬ 
missioners shall appoint a time for holding a special session 
to hear any complaint that may be made as to the apportion¬ 
ment of costs of such special improvements, and at such special 
session the county commissioners may alter or changfe the 
appraisement of the tracts of land where the owner or agent 
feels aggrieved. (L. 1911, ch. 249, sec. 1.) 

116. Donations. The county commissioners may receive 
subscriptions and donations in money and real or personal 
property which shall be applied in the construction or improve¬ 
ment of said road, and it shall be their duty to provide means 
in any manner they deem best for the partial payment of road 
construction or improvements as the work progresses, but in 
no case shall such payments be greater than seventy per cent 
of the engineer’s estimated cost of the work finished. (Id., 
sec. 2.) 


54 Kansas Road and Bridge Laws. 

117. Collection of assessment. Upon the completion of 
such apportionment of the cost of the improvement, aforesaid, 
the county clerk shall enter the same upon the duplicate tax 
rolls of the county, and the taxes shall be collected as other 
taxes; provided, that the county clerk shall mail a written or 
printed notice to the owner or owners of any tract of land liable 
to assessments for improvements, provided by this act; thirty 
days or more before the disposition of the bonds issued for 
such improvements. The notices to set forth the amount of 
assessments, and upon the payment of the same, the property 
is relieved of further liability for such improvements. (Id., 
sec. 3.) 

118. Repairs by township board. The township board of 
each township, through which such improved road runs, are 
empowered to maintain and keep in repair such improved 
road. (Id., sec. 4.) 

119. Part paid from general fund. Whenever in the judg¬ 
ment of the county commissioners any part of said road is of 
general importance to the county, or if by reason of sand, 
creeks, or other reasons which would cause an unusual expense, 
the commissioners may make an order to that effect and pay 
for such part of the road out of the general fund of the countv. 
(Sec. 7365, G. S. 1909.) 

120. Bridges and culverts. All necessary bridges and cul¬ 
verts costing more than two hundred dollars along the line of 
any such road shall be built and made at the expense of the 
county and paid for from the general fund or the bridge fund 
of the county, and the expenses of surveying, locating and 
mapping such road shall be paid by the county, and the fee 
therefor shall be the same as fixed for other county work; pro¬ 
vided, that this act shall not be construed to supersede or re¬ 
peal any special act heretofore passed and under which any 
county is now operating or building roads; provided further, 
that when such petition is filed with the county commissioners 
no signer thereon shall be permitted to withdraw his name 
therefrom. (Sec. 7368, G. S. 1909.) 

121. When act applicable. The provisions of this act shall 
not apply to the construction or improvement of roads costing 
less than five hundred dollars per mile. (Sec. 7369, G. S. 1909.) 

Townships ; City Road Districts ; General Provisions. 

122. Township road tax. The said township board of each 
township, on the last Saturday in July of each year, shall levy a 
tax in an amount not to exceed three-quarters of a mill on the 
dollar of the taxable property, for the purpose of creating a 
fund with which to improve the roads and highways. Such 
taxes shall be collected by the county treasurer and the money 
so collected shall be paid by said county treasurer to the town- 


Kansas Road and Bridge Laws. 


55 


ship treasurer. The money so collected shall be kept separate 
from other township funds and shall be expended under the 
order and direction of the board of commissioners of highways 
of the various townships. (Sec. 9424, G. S. 1909.) 

123. Obstructions. The township trustee may remove ob¬ 
structions from the highways in cases where the road over¬ 
seers shall refuse or fail to do so; and the trustee shall in such 
cases have all the power of road overseers in calling out the in¬ 
habitants to perform the work necessary to remove such ob¬ 
structions. (Sec. 9590, G. S. 1909.) 

124. Running horse on public road. If any person shall run 
or cause to be run upon any public road or highway in common 
use in this state, any horse or horses, so as to interrupt trav¬ 
elers thereon, or put to fright the horses or other animals by 
them rode or driven, he shall upon conviction be adjudged 
guilty of a misdemeanor, and punished by fine not less than five 
nor more than twenty dollars. (Sec. 2769, G. S. 1909.) 

125. Violations of road laws. The township trustee shall 
prosecute in the name of his township all violations of the 
different road laws, or any provisions thereof; and in such 
prosecution it shall be the duty of the county attorney to act 
on behalf of the township. (Sec. 9589, G. S. 1909.) 

126. Cities constituted road district. Each incorporated 
city of the second and third class shall constitute a separate 
road district, and the corporate authorities of such corporation 
shall have the power to appoint a road overseer for such cor¬ 
poration, fix his term of office and compensation, and remove 
him from office for any misconduct, and shall require him to 
give bond with good security to the proper corporation for the 
faithful discharge of his duties and for the safe-keeping of all 
property and proper use of any money that may come into his 
hands, and to disburse the same in the manner directed by 
the corporation; and such overseer shall do and perform all 
the duties in the same manner and under the same instructions 
and limitations as are provided for the government of over¬ 
seers in this act, except as herein otherwise provided; and the 
said corporate authorities of any such city are authorized and 
empowered to use the two days’ work provided for by this act, 
or the money paid by persons in the discharge of the same, in 
paving, macadamizing or grading the streets and alleys in 
such city in any manner provided by ordinance or resolution 
of any such corporation; provided, such work or money shall 
be applied first to the most public streets not macadamized or 
graded; and any such city shall have the power to pass any 
by-law or ordinance necessary to carry out fully the provisions 
of this act. (L. 1911, ch. 251, sec. 1.) 

127. State-line roads. The board of county commissioners 
of counties along the state line may establish a road twenty 


56 


Kansas Road and Bridge Laws. 


feet wide in the state of Kansas along such state line in the 
manner provided by law for the laying out of other public 
highways; provided, the adjacent state shall make provision 
for the establishing of its proportionate share of such road. 
(L. 1915, ch. 292, sec. 1.) 

128 . Township-line road; duties of trustees. Where any 
public road is located as by law provided, upon the dividing 
line between two townships, it shall be the duty of the town¬ 
ship trustees of such townships between which such road may 
be located, to divide the work of maintaining and repairing 
said road into two parts or sections as nearly equal regarding 
the work of maintaining and repairing as . may be practical. 
One township taking one end and the other township the 
other, and it shall be the duty of the township trustee of each 
township to supervise and provide for the maintenance and 
repair of both sides of the road, so far as the part or section 
of such road assigned to that township shall extend. (L. 1913, 
ch. 265, sec. 1.) 

129. County commissioners decide disagreements. That in 

case the two township trustees can not agree upon a division 
of such road as provided for in section 1 of this act, then it 
shall be the duty of the board of county commissioners of the 
county (or the boards of the two counties—in case such road 
shall be upon a county line) to designate how such division 
shall be made. (Id., sec. 2.) 

130 . Certain state roads made township roads. That all 
state roads located under authority of chapter 113 of the Laws 
of 1874 be and are now declared to be township roads within 
the meaning of section 18 of chapter 248 of the Laws of 1911, 
excepting such portions of said state roads as may hereafter 
be designated as county roads by the county commissioners of 
the counties wherein such portions are located. (L. 1913, ch. 
266, sec. 1.) 

131 . Authority of county commissioners. The boards of 
county commissioners of the several counties in which said 
state roads are located shall have the same power to vacate 
and alter the same, and any portions of the same, as they have 
to vacate and alter other public highways. (Id., sec. 2.) 

Registration op Name, Emblem and Color Design of 
Highways. 

132 . Marking highways. Any association or corporation 
organized to promote the improvement and marking of any in¬ 
tercounty-seat, cross-state, interstate, or international high¬ 
way, may by making application to the secretary of state, reg¬ 
ister in the office of secretary of state the name, emblem, and 
color combination or design, used in marking said route, to¬ 
gether with a map showing the location thereof. (L. 1915, 
ch. 287, sec. 1.) 


Kansas Road and Bridge Laws. 


57 


133. Application; fees. The application shall be in the form 
prescribed by the secretary of state, and shall be duly acknowl¬ 
edged by the president and secretary of the association or cor¬ 
poration, and be accompanied by a fee of five dollars ($5.00) 
which fee shall be used to pay the expenses incident to the ad¬ 
ministration of this law. (Id., sec. 2.) 

134. Emblem or color scheme; prior right. In any case 
where any association or corporation has heretofore adopted 
a name, emblem and color scheme, and caused the same to be 
used along an established line of travel, such association or 
corporation shall have the prior right thereto. (Id., sec. 3.) 

135. Secretary of state determine rights; issue certificate. 
The secretary of state shall have power to determine priority 
or right to the use of the name, emblem, color combination 
and design. If the secretary of state shall after investigation 
adjudge the application meritorious and the route to be worthy 
of the protection of this act, he shall issue to the association or 
corporation a certificate, which shall designate the name, 
emblem, color combination and designs authorized to be used 
in marking said highway, together with a map showing the 
location thereof, one copy of which shall be filed in the office of 
the secretary of state. It shall be unlawful for any person, as¬ 
sociation or corporation to use the name, color combination, 
emblem or design so authorized on any other road. (Id., 
sec. 4.) 

136. Signs and marks protected. It shall be unlawful for 
any person, or persons, to injure, destroy, or remove the mark¬ 
ings, emblems, and designs, so authorized erected along the 
highway to which they belong, or to erect any false or mislead¬ 
ing signs, at or near the intersection of any road connected 
therewith, and upon conviction thereof, shall be adjudged 
guilty of a misdemeanor and fined not less than five dollars 
($5.00) nor more than fifty dollars ($50.00). (Id., sec. 5.) 

137. Maintenance of markings. When any highway has 
been established and registered for a period of five years or 
more, it shall be the duty of the county or township board hav¬ 
ing jurisdiction of said road to thereafter maintain the mark¬ 
ings and emblems designating said highway. (Id., sec. 6.) 

138. Change of name or location. By and with the consent 
of the secretary of state, said association or corporation may 
modify or change the location thereof and cause the signs and 
emblems to be changed from the old to the new location. (Id., 
sec. 7.) 

Fixing Hours Which Shall Constitute a Day's Work. 

139. Eight-hour day on public work. That eight hours 
shall constitute a day’s work for all laborers, workmen, me¬ 
chanics or other persons now employed or who may hereafter 


58 


Kansas Road and Bridge Laws. 


be employed by or on behalf of the state of Kansas, or by or 
on behalf of any county, city, township or other municipality 
of said state, except in cases of extraordinary emergency, 
which may arise in time of war or in cases where it may be 
necessary to work more than eight hours per calendar day 
for the protection of property or human life; provided, that in 
all such cases the laborers, workmen, mechanics or other per¬ 
sons so employed and working to exceed eight hours per calen¬ 
dar day shall be paid on the basis of eight hours constituting a 
day’s work; provided, further, that not less than the current 
rate of per diem wages in the locality where the work is per¬ 
formed shall be paid to laborers, workmen, mechanics, and 
other persons so employed by or on behalf of the state of 
Kansas, or any county, city, township or other municipality 
of said state. And laborers, workmen, mechanics .and other 
persons employed by contractors or subcontractors in the 
execution of any contract or contracts within the state of 
Kansas, or within any county, city, township or other munici¬ 
pality thereof, shall be deemed to be employed by or on behalf 
of the state of Kansas, or of such county, city, township or 
other municipality thereof; provided, further, that any cities 
of the second or third class owning or operating municipal 
light and water plants be and the same are hereby exempted 
from the provisions of this act. (L. 1913, ch. 220, sec. 1.) 

140. Contracts hereafter made. That all contracts here¬ 
after made by or on behalf of the state of Kansas, or by or on 
behalf of any county, city, township, or other municipality of 
said state, with any corporation, person or persons, for the 
performance of any work or the furnishing of any material 
manufactured within the state of Kansas, shall be deemed and 
considered as made upon the basis of eight hours constituting 
a day’s work; and it shall be unlawful for any such corpora¬ 
tion, person or persons to require or permit any laborer, work¬ 
man, mechanic or other person to work more than eight hours 
per calendar day in doing such work or in furnishing or manu¬ 
facturing such material, except in the cases and upon the con¬ 
ditions provided in section 1 of this act. (Sec. 4644, G. S. 
1909.) 

141. Penalty. That any officer of the state of Kansas, or of 
any county, city, township or municipality of said state, or any 
person acting under or for such officer, or any contractor with 
the state .of Kansas, or any county, city, township or other 
municipality thereof, or other person violating any of the pro¬ 
visions of this act, shall for each offense be punished by a fine 
of not less than $50 nor more than $1000, or by imprisonment 
not more than six months, or both fine and imprisonment, in 
the discretion of the court. (Sec. 4645, G. S. 1909.) 


Kansas Road and Bridge Laws. 59 

Working Convicts and Prisoners on Roads and Highways. 

142. Private labor by convicts prohibited. It shall be un¬ 
lawful to allow any convict in the penitentiary to perform 
any labor for private citizens outside of the penitentiary 
grounds for hire or otherwise, and it shall be the duty of the 
warden to employ the surplus convict labor in extending and 
repairing the state and county roads, and upon other work 
exclusively for the benefit of the state. (Sec. 8604, G. S. 1909.) 

143. Permit convict labor on roads. It shall be unlawful to 
allow any convict in the penitentiary to perform any labor for 
private citizens outside of the penitentiary grounds for hire or 
otherwise, it shall be unlawful for the warden to permit any 
convict to be at large without an attendant officer in the town 
of Lansing, or in any other place where they shall be asso¬ 
ciated with children, and it shall be the duty of the warden to 
employ the surplus convict labor extending and repairing the 
state and county roads, and upon other work exclusively for 
the benefit of the state. (L. 1915, ch. 58, sec. 3.) 

444. Working convicts on highways. Upon the written re¬ 
quest of the board of county commissioners of any county or 
of the mayor and councilmen or mayor and commissioners of 
any city of the state of Kansas, the warden of the Kansas State 
Penitentiary may detail such convicts as in his judgment shall 
seem proper, not to exceed the number specified in said written 
request, to work upon such public roads and highways of such 
county or streets and alleys of any city or incorporated town 
within such county, as shall be designated in said written re¬ 
quest of said board of county commissioners; provided, that 
such county shall pay all additional expenses of guarding said 
convicts while working Upon said public roads and highways 
within such county, and shall furnish all tools and materials 
necessary in the performance of said work; and provided, that 
when said work is done within the limits of any city or incor¬ 
porated town within such county or city or incorporated town 
where said work shall be done, shall likewise pay all additional 
expenses of guarding such convicts while performing said 
work, and shall furnish all necessary material used in said 
work; and provided, that the board of county commissioners 
of any county, or the proper municipal authorities in any city 
or incorporated town, shall pay to the warden of the state 
penitentiary a sum of one dollar per day for each convict so 
furnished by said warden to said authorities; and provided, 
that the earnings of such convicts, after deducting sufficient 
thereof to pay and satisfy the cost of maintenance and reten¬ 
tion, shall be given to the family of such convict, or dependents 
if there be any; if there be none, the sums accumulated shall 
be paid to such convict upon his discharge from the peniten¬ 
tiary. (L. 1913, ch. 219, sec. 1.) 


60 


Kansas Road and Bridge Laws. 


145. Dangerous convicts not to work on roads. It shall not 
be lawful for the warden to detail on public road work any 
convict whom he believes to be dangerous to himself or to his 
fellows or to the public, nor shall such a number of convicts 
be detailed to this work as will impair the efficiency of any 
industrial undertaking now maintained at the state peniten¬ 
tiary as a matter of prison discipline and penal servitude. 
(Id., sec. 2.) 

146. Not to replace skilled labor. Said convicts, when em¬ 
ployed under the provisions of section one of this act, shall 
not be used for the purpose of building any bridge or structure 
of like character, which requires the employment of skilled 
labor. (Id., sec. 3.) 

147. Allowance on time of convicts. The board of directors 
of the penitentiary are hereby empowered to adopt a special 
rule applicable solely to convicts employed upon the public 
work herein authorized and contemplated whereby convicts so 
employed shall be granted one additional day as good time 
allowance out of every three while so engaged on the public 
work herein authorized and contemplated, conditional upon 
their good behavior and cheerful compliance with all rules that 
may be made by the said board or said superintendent for the 
management and control of convicts so emnloyed, which addi¬ 
tional good time allowance shall be in addition to good time 
allowance otherwise provided by law. (Id., sec. 4.) 

448. County stone-yard. That the board of county com¬ 
missioners may establish a county stone-yard, and work male 
prisoners mentioned in the first section of this act at breaking 
stone for use in macadamizing streets and roads, under such 
rules as they may from time to time ordain and establish. 
(Sec. 6938, G. S. 1909.) 

149. Stone sold, etc. That the board of county commis¬ 
sioners of the proper county are authorized to sell or dispose of 
such stone as they may have had broken, on such terms as they 
may deem advisable, or, in case they can not sell the same, to 
use the same for the improvement of some designated road or 
street; and on making a sale of such stone, the money arising 
therefrom shall be used to pay for stone delivered at the county 
stone-yard, and the remainder shall be applied to the payment 
of the fine and costs standing against the person breaking the 
same. (Sec. 6939, G. S. 1909.) 

150. Work on highway. In case when a prisoner shall so 
desire, and shall enter an undertaking to the proper county 
with good and sufficient sureties, to be approved by the county 
clerk, that he will do a given or specified amount of work on 
some highway designated by the chairman of the board of 
county commissioners of the proper county, and in a specified 
time, in full satisfaction of the said fine and costs charged 


Kansas Road and Bridge Laws. 


61 


against the said prisoner, the chairman of the board of county 
commissioners of the proper county is authorized to accept 
such undertaking, and direct the jailer to allow such prisoner 
to leave said jail for the purpose of doing the specified work. 
Said work may be done under the direction and control of some 
road overseer designated by the chairman of the board of 
county commissioners of the proper county; and when said 
work is done or performed in the manner and in the time desig¬ 
nated in said undertaking, the chairman of the board of county 
commissioners shall so certify on said undertaking, and said 
prisoner shall then be discharged from all liability for the fine 
and costs for which he was imprisoned; provided, for any good 
and sufficient reason the chairman of the board of county com¬ 
missioners may extend the time for doing the work specified in 
such undertaking. (Sec. 6940, G. S. 1909.) 

151. Duty of county attorney. In case the prisoner enter¬ 
ing into the undertaking shall fail or neglect to do or perform 
the work or labor specified in the undertaking so given by him, 
the county attorney shall at once proceed to collect the amount 
specified in such undertaking, and no defense except payment 
or the death of the principal in the undertaking during the 
time in which such principal was to do such work shall be 
allowed. (Sec. 6941, G. S. 1909.) 

152. Allowance. Prisoners shall be allowed one dollar for 
each day’s work performed by them in good faith under the 
provisions of this act, or, if the prisoner prefer, the board of 
county commissioners may allow such prisoner a specified sum 
per cubic yard for breaking stone. The amount so earned by 
the day or by the cubic yard, when the same shall amount to 
the sum of the fine and costs, the same shall be deemed a full 
satisfaction of the fine and costs in the action for which the 
said prisoner was committed to the jail of the county. (Sec. 
6942, G. S. 1909.) 

153. Costs. The county shall not be liable for any costs by 
reason of the provisions of this act otherwise than is herein 
provided, nor shall this act be construed as limiting the board 
of county commissioners of any county in their right to dis¬ 
charge any person from the jail in the manner as now provided 
by law. (Sec. 6943, G. S. 1909.) 

Road Building Machinery for Counties. 

154. Counties purchase rock crushers and machinery. The 

board of county commissioners of the several counties of the 
state of Kansas may, on petition of not less than thirty-five 
per cent of the resident taxpayers of the county, and are 
hereby empowered to appropriate from the general fund of 
the respective counties an amount not to exceed the sum of 
thirty-five hundred dollars for the purpose of purchasing rock 
crushers and rollers and other road making machinery, to be 


62 


Kayisas Road and Bridge Laws. 


used for the purpose of preparing material for the construc¬ 
tion, repair and maintenance of the public roads in their re¬ 
spective counties, and for the purpose of preparing such ma¬ 
terial for the construction and repair of bridges and culverts 
as may to them seem advisable; provided, however, that the 
aforesaid appropriation of money shall not be made unless 
petitioned for by not less than thirty-five per cent of the resi¬ 
dent taxpayers of such county; providing this act shall not 
apply to counties now owning a rock crusher. (L. 1913, ch. 
264, sec. 1.) 

155. Records of use of road machinery. The above men¬ 
tioned machinery when so purchased shall remain the prop¬ 
erty of the county and is to be operated under the management 
of a competent person to be selected by the said board of county 
commissioners, said operator when so named, shall be able to 
and shall keep a record of cost of procuring and preparing such 
material and the cost of applying and using such material so 
prepared and applied to the roads and bridges and culverts; 
such record shall also include the cost of power employed, and 
shall be filed with the county clerk and to become a part of the 
public record. (Id., sec. 2.) 

156. Use by townships. Said machinery so purchased shall 
be furnished to the residents of the counties, and to the re¬ 
spective township boards of such counties free of charge upon 
their making application in writing to the board of county com¬ 
missioners for the use of the same. Said application to be filed 
with the clerk of the county, and such requests shall be filed in 
due order. Provided always, that the persons or township 
boards having the use of said machinery for the purposes set 
forth in section 1, shall pay the reasonable per diem charges of 
the person designated by the county commissioners to have 
charge of the aforesaid machinery, whose compensation shall 
be fixed by the board of county commissioners and shall in no 
event exceed the sum of four dollars per day; provided further, 
that the persons or township boards employing such machinery 
as above provided shall supply at their own cost and expense 
the necessary steam or other power to operate such machinery. 
(Id., sec. 3.) 

Corner Stones, Monuments and Mile Posts. 

157. Protecting corner-stone or monument. That it shall 
be the duty of each township trustee, when he shall find or be 
notified that, by reason of the wearing, washing, or blowing 
of the land below its usual surface, a corner-stone or monu¬ 
ment is in danger of being displaced or destroyed, to at once 
fill in around such corner-stone or monument in such manner 
as to make it secure; and further, when a corner-stone or mon¬ 
ument projects above the usual grade of a road-bed enough to 
be in danger of being displaced by travel, by road graders, or 


Kansas Road and Bridge Laws. 


63 


by other means, or if by reason of intended cuts or fills the 
corner-stone or monument is likely to be displaced or destroyed 
or covered to a depth exceeding two feet, and such corner¬ 
stone or monument has not at least two duly recorded witness 
monuments, he shall at once notify the county surveyor by 
written notice, served in person or by mail, of such fact, to¬ 
gether with the location of such corner-stone or monument. 
(Sec. 2279, G. S. 1909.) 

158. Neglect of township trustee. If such township trustee 
shall neglect or refuse to comply with the above section, within 
one week from the time it comes to his knowledge, after notice 
has been served that such corner-stone or monument is in 
danger of being displaced or destroyed, or if he fails to give 
notice as above provided at least one week before such cut or 
fill is made, he shall be liable to a fine of not less than five nor 
more than ten dollars, together with the costs. (Sec. 2280, 
G. S. 1909.) 

159. Duty of surveyor. The surveyor shall upon receipt of 
such notice, without unnecessary delay, proceed to reset such 
corner-stone or monument and set at least two witness monu¬ 
ments, in a manner calculated to permanently preserve and 
mark the proper location of said corner-stone or monument, 
and shall record such proceedings, together with a substantial 
description of the corner-stone or monument, and the witness 
monuments, with distances and courses to same, in the manner 
provided by the law of permanent surveys. It shall not be 
necessary to notify any interested parties. The political town¬ 
ship in which such corner-stone or monument is situated shall 
pay costs, unless such corner-stone or monument is situated 
on the boundary-line between political townships, in which 
case the costs shall be divided equally. (Sec. 2281, G. S. 1909.) 

160. Milestones. Every person who shall willfully or ma¬ 
liciously break, or destroy, or remove any milepost, milestone, 
or any guide-board, erected by authority of law on any public 
highway or road, or shall willfully and maliciously deface or 
alter any inscription on any such post, stone or board, shall 
be deemed guilty of a misdemanor. (Sec. 2601, G. S. 1909.) 

Railway Crossings; Hedges and Sign Boards; Protection 
of Public Travel. 

161. Railway crossings on highways. It is hereby made the 
duty of every person or corporation owning or operating any 
railroad crossed by a public highway to make and keep in 
good repair, good and sufficient crossings for such road over 
their tracks, including all the grading, bridges, ditches, and 
culverts that may be necessary to make a safe crossing as 
hereinafter provided. Said crossings shall not be less than 
sixteen feet in width, and shall be on the same grade of the 
track for 10 feet on each side of the center of said track, and 


64 


Kansas Road and Bridge Laws. 


the approaches thereto shall not exceed a per cent grade 
and shall be solidly constructed of the same material through¬ 
out, except that next to the rail any suitable material may be 
used that will prevent the settling against the rails of any 
material used in said crossing, with no openings or filled spaces 
therein, except such as is necessary for the rails of the rail¬ 
roads ; and, for railroad crossings, such material shall be wood, 
gravel, crushed rock, concrete, burned clay or slag at the dis¬ 
cretion of said company and of a permanent thickness equal to 
the height of the railroad rails; provided, that nothing in this 
act shall be construed to repeal any provision of law relating 
to railroad crossings on streets in cities of the first and second 
class. (L. 1915, ch. 280, sec. 1.) 

162 . Neglect; punishment. Every person or corporation 
failing to comply with the provisions of this act shall be deemed 
guilty of a misdemeanor and shall be fined not less than five 
dollars, nor more than fifty dollars, for each and every viola¬ 
tion hereof and each day same shall be .allowed to remain out 
of repair shall be a separate offense; provided, however, when 
any such crossings have been properly constructed as provided 
in this act, and shall become defective because of accident or 
unusual severe or stormy weather, the person or corporation 
whose duty it is to maintain the same, shall have ten days in 
which to restore said crossing to its proper condition before 
the penalty herein provided for shall attach. (Id., sec. 2.) 

163 . Enforcement. It is hereby made the duty of every 
road overseer in this state to see that this act is complied with 
in his jurisdiction, and to report to the county attorney of his 
county every failure on the part of any person or corporation 
to comply with this act, and it is hereby made the duty of the 
county attorney of each county in the state to enforce this act. 
(Id., sec. 3.) 

164 . Railway trains clear crossings. Each and every rail¬ 
road company or any corporation leasing or otherwise operat¬ 
ing a railroad in Kansas is hereby prohibited from allowing its 
trains, engines or cars to stand upon any public road within 
one-half mile of any incorporated or unincorporated city or 
town, station or flag station, or upon any crossing or street, to 
exceed ten minutes at any one time without leaving an opening 
in the traveled portion of the public road, street or crossing of 
at least thirty feet in width. (Sec. 7142, G. S. 1909.) 

165 . Grade-crossing signs. Every railway corporation shall 
cause boards to be placed, well supported by posts or otherwise, 
and constantly maintained, across each traveled public road or 
street, when the same is crossed by the railway on the same 
level. Said boards shall be elevated so as not to obstruct the 
travel, and to be easily seen by travelers; and on each side of 
such board shall be painted in capital letters, “Look out for the 


Kansas Road and Bridge Laivs. 65 

cars.” But this section shall not apply to streets in cities or 
towns, unless the corporation shall be required to put up such 
boards by the city or town authorities, or the officer having 
charge of such streets. (Sec. 1771, G. S. 1909.) 

166 . May set poles, piers, etc. Corporations created for the 
purpose of constructing and maintaining magnetic telegraph 
lines are authorized to set their poles, piers, abutments, wires 
and other fixtures along, upon and across any of the public 
roads, streets and waters of this state, in such manner as 
not to incommode the public in the use of such roads, streets 
and waters. (Sec. 1789, G. S. 1909.) 

167 . Telephone companies. Telephone companies shall 
have all the rights and powers conferred and be subject to all 
the liabilities imposed by the general laws of this state upon 
telegraph companies. (Sec. 1700, G. S. 1909.) 

168 . Hedges cut near crossings; signboards removed. Un¬ 
der rules and regulations to be prescribed by them the board of 
county commissioners of each county in the state are au¬ 
thorized to cut all hedge fences within fifty yards of a railroad 
grade crossing, or abrupt corner in the road; and thereafter 
keep the same trimmed to a height not to exceed four feet. 
Except when used as protection to an orchard, vineyard, or 
feed lot, and cut all weeds in the public roads within fifty yards 
of any such railroad grade crossing, or public road crossing, 
or abrupt turn in the road, and thereafter keep the same cut 
so same shall not at any time be allowed to grow to a height 
exceeding three feet. And remove all billboards, signboards, 
and board fences exceeding four feet in height within fUty 
yards of any such railroad grade crossing or public road cross¬ 
ing ; provided, that where any board fence is removed another 
shall be constructed not to exceed four feet in height, in the 
place of the one removed, at the expense of the county; pro¬ 
vided further, that nothing in this act shall apply to signs 
placed by any state or county association for the purpose of 
imparting historical information or traveling directions. All 
expenses of the trimming of the said hedge fences, the cutting 
of weeds, and removal of fences and bill boards shall be pa : d 
from the general fund of the county. (L. 1915, ch. 288, sec. 1.) 

Adoption of Hedge Law by Election. 

169 . Hedge fences to be trimmed. That owners of real 
estate in any county in the state of Kansas shall keep all 
hedge fences along the public highway cut and trimmed down 
to not over five feet high, except trees not less than sixteen 
feet apart and hedges necessary as a protection to orchards, 
vineyards and feed lots; said feed lots not to extend more than 
forty rods. All brush cut from sai'd hedges shall be cleaned 
up and removed or burned. (Sec. 3776, G. S. 1909.) 

—5 


66 Kansas Road and Bridge Laws. 

170 . Road‘overseer give notice. In any county where the 
provisions of this act shall be adopted, any owners of real 
estate failing to comply with its provisions, it shall be the 
duty of the road overseer in the district in which said real 
estate is located to give thirty days’ notice to the owner of said 
real estate or his or her duly authorized agent, and upon his 
or her failing to comply with this act, said overseer shall cut 
or cause to be cut such hedge not more than five feet high, or 
shall cut or cause to be cut said weeds in the public highway 
along said real estate, as is provided in this act; and the cost of 
cutting said hedge or said weeds shall be reported to the county 
clerk of said county and the same entered on the tax-rolls 
against the said real estate and collected as other taxes of the 
county are collected, and paid over to the treasurer of the 
proper township. (Sec. 3778, G. S. 1909.) 

171 . Adopted by election. Upon a petition being presented 
to the county commissioners of any county, signed by a two- 
thirds majority of all the members of township boards in said 
county, they shall by proclamation call an election to be held 
at a general election for township and county officers, and shall 
submit to the electors the question to adopt or reject the law 
for cutting hedges, and upon the ballots shall be written or 
printed, “For the hedge law,” “Against the hedge law,” under 
the provisions of the general-elections law; and the judge of 
election shall count the ballots cast for and against the “hedge 
and weed law,” and make due returns of the same to the 
county commissioners as other returns are required by law to 
be made; that said commissioners shall meet within ten days, 
and with the clerk of the county shall proceed to count said 
votes, and declare the results in a proclamation, to be published 
two weeks in some newspaper in general circulation in the 
county in which such proclamation is made. If a majority of 
the votes are for such law, they shall declare said law to be 
in full force and effect, and shall state the day on which the 
same shall take effect, not longer than two weeks from the 
date of the election; and from and after such date the pro¬ 
visions of this act shall be in full force and effect. All laws in 
conflict with the provisions of this act are hereby repealed. 
(Sec. 3779, G. S. 1909.) 

172 . Not apply. Nothing in this act shall be construed as 
to extend its provisions to any county until after the election 
provided for in the preceding section. (Sec. 3780, G. S. 1909.) 

173 . Again submit. That whenever any county shall fail to 
cast a majority of its vote “for the hedge law,” the county 
commissioners may annually thereafter submit the same ques¬ 
tion to the electors of their respective counties, in the same 
manner as provided in section four of this act, and declare 
the results as herein provided. (Sec. 3781, G. S. 1909.) 


Kansas Road and Bridge Laws. 


67 


Live Stock at Large; Hedges in Highways; Protection 
of Trees. 

174. Hedge in public highway. That it shall be lawful for 
any owner, agent or lessee of any land not within the limits of 
any incorporated city, who may wish to grow a hedge or hedges 
on any land by or through which any public highway is now or 
may hereafter be located, to set his or their fence (as the case 
may be) out into any public highway or street any distance not 
exceeding eight feet from the side line of such public highway 
or street and may continue to maintain such fence in such pub¬ 
lic highway or street for any time not exceeding five years from 
the time of setting such fence in such public highway or street; 
provided, such fence shall not remain in such highway or street 
more than two years, unless such person shall plant a hedge 
along the line of such public highway. (Sec. 3766, G. S. 1909.) 

175. Live stock not allowed on public property; protection 
of trees near cities. It is hereby made unlawful for any person 
to break, destroy or in any manner inj ure or deface any tree, 
plant or shrub planted or growing within the limits of any 
street, highway, public road or avenue leading or projected to 
or from any public building in this state located or being in any 
county in this state in which there is a city of the first class; 
or to make any excavation within the limits of any such street, 
and within one mile of any building, highway, public road or 
avenue otherwise than when improving the sam'e under and in 
pursuance of lawful authority; or to wilfully permit stock of 
any kind to be or remain, temporarily or otherwise, upon the 
areaway, or any part of such street, highway, public road or 
avenue not- used for public travel; or to tie or hitch, or wilfully 
permit to be tied or hitched, to any tree, plant or shrub planted 
or growing thereon any horse, mule or other animal; or to 
wilfully set out, build or start any fire on any such street, high¬ 
way, public road or avenue; or to herd, or wilfully permit 
to be herded, upon any public road or avenue, any horses, 
mules, cattle, hogs, sheep or other animals. Provided, that 
this section shall not be construed to prevent the use of teams, 
wagons, plows and scrapers necessary to be used while im¬ 
proving the same. Nor the trimming or removal of trees with 
the consent of the owner of the abutting property, nor the 
making of excavations by or under the direction of any duly 
authorized officer of any such city or county. (L. 1913, ch. 
183, sec. 1.) 

176. Misdemeanor. Any person violating the preceding 
section of this act shall be deemed guilty of a misdemeanor, 
and, upon conviction, shall be fined not less than twenty-five 
dollars, nor more than one hundred dollars. (Id., sec. 2.) 

177. Protection of trees along highways. From and after 
the passage of this act any person who shall cut, girdle, destroy 


68 


Kansas Road and Bridge Laws. 


or in any manner injure any shade tree, or fruit tree, standing 
or growing, wholly or partly, in or on any street, alley or public 
highway in the state of Kansas without the consent of the 
abutting land owner, and in a city the mayor and council, or 
mayor and commissioners, and in the county the township 
board, shall be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof shall be fined in the sum of not less than ($10) 
ten dollars or more than one hundred ($100) dollars for each 
offense. (L. 1915, ch. 280, sec. 1.) 

Fire Guards in Certain Counties. 

178. Highway commissioners. The board of commissioners 
of highways in each township in counties in Kansas having a 
population of less than five thousand are authorized to estab¬ 
lish and maintain fire-guards in their respective townships for 
the purpose of preventing the spread and incursion of prairie 
fires therein, whenever a petition signed by a majority of the 
qualified electors of their respective townships shall be pre¬ 
sented to them requesting them to establish fire-guards; and 
they shall alter, change or annul any fire-guards so established 
when requested to do so by a petition signed by a majority of 
the qualified electors of their respective townships. (Sec. 3826, 
G. S. 1909.) 

179. Width of fire-guards. The fire-guards, when practi¬ 
cable, shall be made upon the highways along such section lines 
as may be considered best, and shall consist of two plowed 
strips six feet wide along the sides of the public highways, 
but upon the same, with the vegetation between such plowed 
strips burned off during the fall of the year, if deemed ad¬ 
visable; provided, however, that fire-guards may be located 
upon any other land whenever the consent of the owner or 
owners thereof may be obtained without any compensation. 
(Sec. 3827, G. S. 1909.) 

180. Joint. The board of commissioners of highways of 
any two townships may arrange to jointly establish and main¬ 
tain a fire-guard along the boundary line between such two 
townships. (Sec. 3828, G. S. 1909.) 

181. Road overseers. In addition to the duties already im¬ 
posed upon them by law, the road overseers in each township 
where this act shall apply shall, between the 1st day of May 
and the 1st day of October of each year, cause to be plowed the 
two strips of land as set forth in section 2 of this act, upon all 
fire-guards established and located within their respective 
road districts, and shall cause to be plowed one strip on all 
fire-guards located upon the line which divides their district 
from some other road district; and thereafter, during the 
summer, when so directed by the board of commissioners of 
highways of their townships, shall cause said strips of land to 


Kansas Road and Bridge Laws. 


69 


be cultivated or replowed, so as to practically keep such strips 
free and clear of all vegetation; and during the fall of the year, 
when so directed by said board, shall burn off the grass and 
vegetation between such plowed strips. (Sec. 3829, G.S. 1909.) 

182. Poll tax. The road overseer in each township where 
this act shall apply may require each person subject to per¬ 
form two days’ labor upon the public highways (generally 
known as a poll tax) to perform such labor upon the fire¬ 
guards, and two days’ labor so performed shall be in full satis¬ 
faction of such person’s poll tax for that year. (Sec. 3830, 
G. S. 1909.) 

183. Additional help. Under the direction of the board of 
commissioners of highways, the road overseer may employ 
such additional help as may be required in order to make and 
maintain fire-guards as herein provided, and shall keep in a 
book to be provided by said board a full and complete list of all 
persons doing work upon fire-guards, particularly the name of 
each person, the number of days he worked, and the date when 
and the place where the work was performed; and shall make 
an abstract thereof, certified under oath, and shall file the 
same with the township clerk. (Sec. 3831, G. S. 1909.) 

184. Audit claims. At the regular meeting of the township 
auditing board thereafter, if the statements of the road over¬ 
seers are found to be true, the board shall audit the same, and 
allow to each person who has performed such labor pay there¬ 
for at the rate of not to exceed one dollar and fifty cents per 
day for each person, and three dollars per day for each person 
and team, and shall draw warrants therefor upon the town¬ 
ship treasurer, to be paid out of the general funds of such 
township. (Sec. 3832, G. S. 1909.) 

Dams Used as Bridges and Culverts, Certain Cases. 

185. Damming draws; resolution by commissioners. The 

provisions of this act shall apply only to such counties in this 
state as shall, by resolution of their respective boards of county 
commissioners, duly adopt the same. Said resolution shall be 
substantially as follows: “Resolved, that this county adopt and 
accept the provisions of the act of the legislature of 1915, 
entitled an act providing for the damming of draws, dry water 
courses and creeks of running water, on public highways in 
such counties as shall adopt the provisions of this act.” Pro¬ 
vided, that if the county commissioners on their own motion 
fail to adopt said resolution when a petition requesting them 
to do so, signed by 25 per cent of the taxpayers of any county 
in this state is filed with the county clerk, the commissioners 
of such county, shall adopt such resolution at their next regular 
meeting, after such petition has been presented, and if such 
petition is presented during a regular meeting of said' board, 


70 * Kansas Road, and Bridge Laws. 

it shall be their duty to pass such resolution before adjourn¬ 
ment of such regular meeting. (L. 1915, ch. 287, sec. 1.) 

186. Dams for bridges and culverts. In all counties adopt¬ 
ing the provisions of this act, it shall be the duty of the high¬ 
way commissioners of the respective townships of said county, 
wherever it shall be necessary to construct a bridge or culvert 
across any draw, dry water course or creek of running water 
on any public highway in their township, to construct across 
said draw or dry water course, and to construct across any 
running creek, if in their judgment it can be successfully done 
a dam .to be constructed either of dirt, cement or stone, as in 
the judgment of the highway commissioners of such township 
shall be deemed most feasible. That said dams shall be so 
constructed, that a spillway shall be provided to carry off sur¬ 
plus flood waters, and in case it is not convenient to construct 
spillways or it is thought to be too expensive, then the top of 
said dams shall be made of cement or stone or out of both 
materials, in such proportions and at such depth as will permit 
the overflow water to pass over said dam without washing, 
and provided further, that all dams shall be at least sixteen feet 
wide at the top on all township and mail route roads. (Id., 
sec. 2.) 

187. Application of act. Section 2 of this act shall apply 
only to township and mail route roads, such as come under the 
supervision of the board of highway commissioners of the 
townships of said counties. (Id., sec. 3.) 

188. Dams on county and state roads. In all counties 
adopting the provisions of this act, it shall be the duty of the 
county commissioners together with the county engineer, as 
highway commissioners for all county and state roads, when¬ 
ever it shall be necessary decided to construct a bridge or cul¬ 
vert across any draw, dry water course or creek of running 
water, on any public county or state highway in their county, 
to construct across said draw or dry water course, and to con¬ 
struct across any creek of running water, if in their j.udgment 
it can successfully be done, a dam to be constructed either of 
dirt, cement or stone, as in the judgment of the highway com¬ 
missioners of such county shall be deemed most feasible. That 
said dam shall be constructed the same as provided in section 2 
of this act, except that dams constructed on county and state 
highways shall be at least twenty feet wide at the top. (Id., 
sec. 4.) 

189. Consent of land owners. No dam shall be constructed 
as provided in sections 2 or 3 of this act, without first obtaining 
the consent of the land owner or owners whose land shall be 
affected by the construction of such dam, provided however 
that condemnation proceedings may be had as is now provided 
by law in establishing roads and highways in this state, and. 


Kansas Road and Bridge Laws. 


71 


the land so condemned shall be paid for out of the road fund 
of said county. Provided further that any land owner may at 
his own expense and for his own use in any county in this 
state, whether the provisions of this act have been adopted or 
not, impound water on his own land by constructing a dam of 
the kind described in section 2 of this act if on a township or 
mail route road and of the kind described in section 3 if on a 
county or state road or highway. (Id., sec. 5.) 

190. Survey of dams; record. That it shall be the duty of 
the county engineer of any county adopting the provisions of 
this act, to make an accurate survey, of all dams constructed in 
his county, under this act, that will impound when full twenty 
acre feet or more of water, in all dams and dry water courses, 
and all dams that will impound twenty acre feet or more water 
constructed across creeks of running water, that he shall keep 
a record in his office, showing the amount of water that each of 
said dams will impound. And that he will make an accurate 
survey, and show the number of acres that can be irrigated, 
from the use of said water, and a full description of the land 
that can be so irrigated, and in all dams, that will afford irriga¬ 
tion, there shall be constructed, either at the time of building 
the dam or at any period thereafter, a flume connected with a 
head ditch so that the water impounded can be drawn for ir¬ 
rigation, and the owner or user of the land so platted and de¬ 
scribed can if they decide purchase the right to use the water 
so impounded for irrigation, as provided in section seven of 
this act. Provided that if such dam is made with the consent 
of the owner of the land on which the water is impounded and 
without condemnation proceedings, said water and water right 
shall be the property of such landowner. (Id., sec. 6.) 

191. Plat furnished commissioners; water rights. The 
county engineer shall furnish a profile and plat to the county 
commissioners, showing the amount of water impounded in 
acre feet, the amount of land with legal descriptions, together 
with plat thereof and the name of the owner or owners of such 
land and it shall be the duty of the commissioners to offer to sell 
to the landowner or user, the water right for no longer period 
than one year, and that they may contract same at what they 
may deem reasonable or they may sell said water so impounded 
at so much per [cubic] cubit or acre foot, but no contract shall 
be made longer than one year, and the money thus received 
shall be turned into the general road fund of said county; pro¬ 
vided, that it shall be unlawful for any one to use any of said 
water thus impounded on condemned land without first con¬ 
tracting for its use of the county commissioners, and any one 
guilty of the violation of this act shall be fined in any sum not 
-exceeding one hundred dollars. (Id., sec. 7.) 


72 Kansas Road and Bridge Laivs. 

192. Tampering with dam or connections misdemeanor. In 

any county in which this act shall be adopted it shall be a mis¬ 
demeanor, punishable by a fine of not more than $100 or thirty 
days in jail or by both such fine and imprisonment, for any one, 
by any method either by breaking or raising the flume, piping 
or cutting a dam so as to drain it or any part of it. (Id., sec. 8.) 

Weeds Along Roads and Highways. 

193. Destruction of noxious weeds. Every person and 
every corporation shall destroy, on all lands which he or it may 
own or occupy, all weeds of the kind known as Russian thistle 
and Canada thistle, at such time as the board of county com¬ 
missioners may direct, and notice shall be published in one or 
more county papers for a time not less than three weeks before 
the time fixed upon for the destruction of said noxious weeds. 
(Sec. 9722, G. S. 1909.) 

194. County board. It shall be the duty of the county com¬ 
missioners to fix the time for the destruction of all such 
noxious weeds, and to provide for the destruction in such a 
manner as to prevent their bearing seed. (Sec. 9723, G. S. 
1909.) 

195. Overseer’s duty. Every overseer of highway of every 
township or county shall also at the same time in like manner 
destroy all such noxious weeds, either on the highways of his 
road district, railroad right-of-way, or on any unoccupied land 
therein, upon which the owner or lessee thereof shall neglect 
or refuse so to do; and for such service overseer of highways 
or persons employed by him shall receive as compensation the 
sum of one dollar and fifty cents per day, or three dollars per 
day for man and team, to be paid out of the general county 
fund; provided, the limitation of time, as provided in para¬ 
graph 5506 of section 33, Laws of 1889, in relation to road 
overseers, shall not apply to the provisions of this act. (Sec. 
9724, G. S. 1909.) 

196. Itemized account. It shall be the duty of the over¬ 
seers of highways to present to the board of county commis¬ 
sioners an itemized account, verified under oath, showing de¬ 
scription of each piece of land upon which noxious weeds have 
been destroyed in accordance with the provisions of this act, 
and the amounts of the charge for such service, by separate 
items; and said amount shall become a lien against the lands 
so described, except in case of the destruction of such noxious 
weeds on the public highways. The amount of cost of the 
destruction of such noxious weeds as so certified shall be placed 
upon the next tax list in a separate column, headed, “For the 
destruction of noxious weeds,” as a tax against the land upon 
which such noxious weeds were destroyed, subject to all the 
penalties thereof, and to be collected as other taxes; and the 


Kansas Road and Bridge Laws. 


73 


entry of such tax upon the list shall be conclusive evidence of 
the liability of the land to such tax. (Sec. 9725, G. S. 1909.) 

197. Certify labor. It shall be the duty of all overseers of 
highways to certify to the county clerk in an itemized account, 
verified by oath, the amount of labor performed in destroying 
such noxious weeds on all lands not public highways, on or be¬ 
fore the fifteenth day of September in each year. (Sec. 9726, 
G. S. 1909.) 

198. Weeds on right of way of railroads. It shall be the 
duty of every corporation owning or operating a railroad or 
inter-urban railroad in this state, on written notice from the 
owner, lessee or occupant of any land abutting upon said right 
of way, or from the township trustee or road overseer, within 
10 days after such notice to cut, burn or otherwise destroy once 
each year, between the first day of July and the first day of 
September, all cockleburrs, burdock weeds, thistles and other 
noxious weeds in such manner as to prevent the maturing of 
weed seeds on its right of way adjacent to said land. Any 
failure to. comply with the provisions of this section shall be 
deemed a misdemeanor and shall be punished, upon conviction, 
by a fine of not less than one hundred dollars nor more than 
five hundred dollars. (L. 1913, ch. 257, sec. 1.) 

199. Tax list. It shall be the duty of the county clerk to 
enter upon the tax list, in a separate column for that purpose, 
headed, “For the destruction of noxious weeds,” an amount 
equal to the cost of such labor as a tax against all lands not 
public highways upon which such noxious weeds are destroyed. 
(Sec. 9728, G. S. 1909.) 

200. Penalty. If the owner or occupant of any such lands, 
or the overseer of any highway, or the board of county com¬ 
missioners in any county of this state, shall fail to comply with 
any of the requirements of this act, they shall be guilty of a 
misdemeanor; provided, if any county attorney shall fail or 
refuse to prosecute, then the court in which the complaint was 
brought or pending may appoint some reputable practicing 
attorney to conduct such prosecution, who shall in such 
event receive the fees provided for in such cases. (Sec. 9729, 
G. S. 1909.) 

201. County attorney. The county attorney shall be liable 
under his bond for any failure to comply with the provisions 
of this act. (Sec. 9730, G. S. 1909.) 

202. Notices. Notices to the owner of the land provided to 
be given under the provisions of this act shall be made in the 
same manner as summons in the district court. (Sec. 9731, 
G. S. 1909.) 


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